Circumstanţele atenuante şi agravante în dreptul penal italian

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, from which European law is no exception. Such a representative legal system is also the Italian one, which was, along with other systems, a source of inspiration for the legislator of the new Romanian Penal Code, in force starting from 1 February 2014, as is clear from the statement of reasons itself accompany.

As such, from the reading of the regulations of the Italian Criminal Code, it can be noted the existence of some similarities in terms of the definition of circumstances, including at the level of specialized literature, their classification under...