Depenalizarea faptei şi înlocuirea răspunderii penale

dr. VIOREL PAŞCA*

* e-mail: pasca_viorel@drept.uvt.ro

Prof. univ. - Facultatea de Drept şi Ştiinţe Administrative, Universitatea de Vest, Timişoara

ABSTRACT

The social reaction against low severity felonies ask for finding solutions alternative to criminal penalties.

The legislator of the new Criminal Code, waiving the institution of absence of the felony’s social danger and replacement of criminal liability, has adopted, for the argument of criminal prosecution, on grounds of the principle of opportunity of exercising criminal action, the institution of waiver of criminal prosecution, and, in terms of substantive criminal law, waiver by the court law of the penalty enforcement.

Both institutions, new as concepts in the Romanian criminal legislation, are practically instruments of non-penalization of the actual felony and replacement of criminal liability with an administrative liability, by enforcing administrative sanctions as...