Judicial Individualization of Punishment in Special Situations. Judge's Role in these Cases

• Main Author: Cosmin Peneoașu
• Format: Article
• Language: English
• Published: Danubius University 2015-05-01
• Series: EIRP Proceedings
• Subjects: criminal sanction; adaptation; personalization; efficiency; reeducation
• Online Access: http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/1673/1543
• ISSN: 2067-9211; 2069-9344

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.