Consideraţii critice cu privire la articolul 532 alin. (3) din Codul de procedură penală. Argumente de neconstituţionalitate

Some criticism regarding article 532 par. (3) of the Romanian Criminal Procedure Code. Arguments on unconstitutionality

Alexandru MATACHE

Avocat Baroul Cluj

Abstract

The entry into force of the new Criminal Procedure Code on 1^st February 2014 has brought, in the area of judicial rehabilitation, a new, special and negative substantial condition for obtaining this type of rehabilitation, consisting in the request that the prison sentence that was enforced on the convicted person to not be prescribed for reasons attributable to him or her.

As far as this issue is concerned, the author analyzes the resorts of the legal provision from art. 532par. (3) of the Romanian Criminal Procedure Code and its consequences for the situation of the convicted persons to whom it is addressed, finally concluding that the provision finds no conceptual justification and appreciating, at the...