THE PRINCIPLE OF OPPORTUNITY IN THE FORTHCOMING CRIMINAL LEGISLATION

Daniela Iuliana Lãmãsanu ()
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Daniela Iuliana Lãmãsanu: "ªtefan cel Mare" University of Suceava, Romania, Faculty of Economics and Public Administration

The USV Annals of Economics and Public Administration, 2013, vol. 13, issue 1(17), 298-308

Abstract: The concept of giving up the idea of bringing a punitive sanction is made in order to remove the difficulties from art. 181 provisions of the Current Criminal Code and improves a no penalti cause with an optional character which can be applied only by the court of justice, but only under the regulations of art. 80 New Criminal Code which have been checked and executed. The court of justice will give a verdict that contains the surrender at sentencing and it will bring only a warning. These means that there were shown the facts that made possible the surrender at sentencing and the deninqent is warned to have an appropriate behaviour in the future and on the consequences of committing further crimes. The dismissal of the charges in a criminal prosecution is a new concept in the new criminal proceedings law in Romania. Regulated in Article 318 of the new Criminal procedure code, this concept refers to the principle of the opportunity of criminal charges. At the same time, the dismissal of the criminal charges is also a more expeditious way of solving the criminal cases being prosecuted. On the other hand, the prosecutor is proffered the competence to check if the case bears any public interest in the criminal charges brought against an individual.

Date: 2013
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