Circumstanţele atenuante şi agravante în dreptul penal francez

drd. VASILE COMAN*

* Doctorand al Facultăţii de Drept din cadrul Universităţii "Titu Maiorescu" din Bucureşti; e-mail: v.comann@yahoo.com

Judecător - Tribunalul Prahova, Secţia penală

ABSTRACT

The institution of mitigating and aggravating circumstances represents one of the main pillars of the judicial individualization of the criminal sanction in any modern criminal law system, to which the European law is not an exception. A representative system is that of the French criminal law, which combines a pragmatic thinking developed and verified over time with the help of jurisprudence, through the manner of regulating the circumstances of personalizing the punishment, succeeding in harmonizing the need for criminal repression with the exigences associated with this mission - legality, humanism and sufficient freedom for the courts in the reasoned choice of the most suitable sanction, in terms of nature and amount, adapted to the...