THEORETICAL AND PRACTICAL CONCEPTS REGARDING THE EXECUTION OF COMPLEMENTARY PUNISHMENTS APPLIED TO NATURAL PERSONS WITHIN THE REGULATION OF THE NEW CRIMINAL LEGISLATION

• Main Author: CRISTINA DANIELA MUNTEANU
• Format: Article
• Language: English
• Published: Nicolae Titulescu University Publishing House 2013-05-01
• Series: Challenges of the Knowledge Society
• Subjects: complementary punishments; new regulations; the execution of complementary punishments; forbiddance of rights; publishing of the judgment of conviction
• Online Access: http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_007.pdf

In this study we aim at analyzing the complementary punishments applied to natural persons as regulated by the new criminal legislation, our motivation being the numerous amendments brought by the new criminal legislation, respectively the increase of the number of complementary punishments, the change of their enforcement starting moment and such other changes that we intend to debate in this study. Considering the changes brought to the starting moment of the complementary punishment enforcement, we focused mainly on the enforcement and execution of complementary punishments applied to natural persons, exemplifying the execution manner of each punishment, respectively: in the context of applying the complementary punishment regarding the forbiddance of rights, military degradation or the newest complementary punishment to be applied to natural persons, the publishing of the judgment of conviction. The amendments to the starting moment of the complementary punishment enforcement were brought as a result of introducing the punishment by fine and criminal punishments which may be executed on probation, in addition to which a complementary punishment may be applied. Regarding the enforcement of judgments, we have to mention the fact that it constitutes an autonomous stage of the criminal trial, governed by the regulations provided under the Criminal Procedure Act. Nevertheless, not all activities related to the enforcement of judgments are included in this stage, but only the ones triggering the start of the judgment enforcement. Such aspect imposes itself, taking into consideration the distinction between the enforcement of a judgment and the actual execution of the punishment. Regarding the effective execution of a punishment, activity performed outside the criminal trial, it is subordinated, on one hand, to the regulations provided under the criminal law, and on the other hand, to the regulations regarding the execution of punishments and of measures settled by the legal authorities during the criminal trial.