judicial individualization of punishment in special situations. judge's role in these cases
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ID: 232385
2015
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Abstract
Punishment cannot fully implement its mission and cannot achieve its purpose unless it is perfectly
molded to concrete individual case. To this end, the penalty should be appropriate to the degree of social
danger of the crime and its perpetrator, and, equally, to be given by taking in consideration the real needs for
straightening and rehabilitation of the perpetrator. The multitude situation encountered in practice, doubled by
cultural and economic realities found in a never ending change, led to the introduction of additional
provisions in the Criminal Code in order to achieve the best judicial individualization of punishment in some
special situations. These additional provisions are designed to ensure the possibility to adapt the sanctioning
treatment in a suitable manner to each offender brought to answer before the law. Therefore, only by
promoting the principle real punishments imposed to real criminals will lead to an act of justice healthy,
appropriate and equitable, based on promoting the key values of society among offenders and, equally, on
protecting these values against criminal inclusions. This study aims both students and practitioners or
academics and highlights on one hand, the legislative solutions of the new Criminal Code and on the other
hand, the differences between the old and the new Criminal Code.
| Reference Key |
peneoau2015eirpjudicial
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|---|---|
| Authors | ;Cosmin Peneoașu |
| Journal | Вестник Донского государственного технического университета |
| Year | 2015 |
| DOI |
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