The Waiver of Penalty Institution in the New Criminal Code

摘要

Within the ensemble of the measures of harmonization of the Romanian Criminal legislation with the European one, the Romanian lawmaker understood to also regulate the waiver of penalty institution, as an alternative means of sanctioning for the committing of an offence. The new criminal law, of course from a justified desire, has brought about fundamental changes with regards to the judicial individualization of sanctions, proposing a new regulation in this field. Of course, the application of this institution is only carried out if the conditions stipulated by the Criminal Code are met. Although it has the effects of the cases which remove criminal liability and of those relating to the waiver of the sentence, the institution cannot be enclosed in any of these situations. Waiving of penalty has definitive effects, it being felt that the person has every possibility to reform and no longer commit offences.