Falsă ipoteză de aplicare a legii penale mai favorabile în cazul liberării condiţionate din executarea unei pedepse rezultante

LILIANA-DORINA RĂDUCU

Judecător - Judecătoria Sectorului 5 Bucureşti, Secţia I penală

ABSTRACT

Applying the more favourable criminal law requires the existence of a transient situation when, from the moment of committing an offence and until the execution or consideration of the punishment as executed or until the removal of the conviction consequences, one or more penal laws have appeared. However, we will not be in the presence of a transient situation in the case of conditional release from the execution of a resultant punishment, applied for committing a plurality of offences, the sanctioning of which was based on the present Criminal Code, according to the provisions of Article 10of the Law No 187/2012, the only applicable law being the 2009 Criminal Code, according to the principle of criminal law activity. In this hypothesis, as a consequence of the...