Some considerations about the application of the more favourable criminal law regarding deeds on trial in some countries of European Union

• Main Author: Alexandra Raisa Roşcan
• Format: Article
• Language: English
• Published: Bucharest University of Economic Studies 2018-03-01
• Series: Juridical Tribune
• Subjects: the more favourable criminal law; lex tertia; non-retroactivity; retroactivity
• Online Access: http://www.tribunajuridica.eu/arhiva/An8v1/14.%20Roscan%20Alexandra%20Raisa.pdf

The purpose of this paper is to realize a study regarding the comparison of the penal provisions that uphold the application of the more favorable criminal law until the final judgment of the cause between Romania and France, Italy, Spain and Portugal. The study is realized as result of a doctrine, jurisprudential and legal analysis from all the five countries, and the author is proposing to identify not only the similarities but also the differences of applying the more favorable criminal law until final judgment of the cause in Romania and another four European countries. We will identify the definitions of the more favorable law, legal regulations, conditions of application, special application situations, application limits. Special attentions will be paid to the concept de lex tertia, because we need to establish if one of these countries applies the more favorable criminal law on autonomous institutions, meaning if there can be a combination of more legal provision from two or more consecutive penal laws. We will see if Romania rallied to the penal policy of the other European countries but also what do they bring new to the matter.