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THE INDIVIDUALIZATION OF PUNISHMENT ACCORDING TO THE NEW CRIMINAL CODE (International Conference "Recent Advances in Economic and Social Research", 13-14 mai 2015, București)

Călin Berar
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Călin Berar: PhD Student, West University of Timişoara, Faculty of Law, Contract no. POSDRU/159/1.5/S/137926 of Romanian Academy

Institute for Economic Forecasting Conference Proceedings from Institute for Economic Forecasting

Abstract: The individualization of punishment implies finding the balance between the gravity of the crime and the personality of the criminal, on one hand, and the punishment that will be applied, on the other hand. The governing principle of this procedure is, undoubtedly, the principle of proportionality. Finding "the appropriate penalty" is a complex issue, in which each element can have an important role. Therefore, to ensure a proportion between the severity of the punishment and the seriousness of the offence it is imperative to determine those factors that support the proportionality test. So we must take into consideration the purpose of the punishment, the gravity of the offense, the offender's personality, the legislator’s conception about the criminal sanctions and any other relevant element. The new penal code brought significant changes in the field, such as establishing lower sanctions for crimes than the previous criminal code but higher penalties for those who commit more crimes.

Keywords: balance; punishment; proportionality; crime (search for similar items in EconPapers)
Pages: 10 pages
Date: 2015-12
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