Autor: Angela TATU

Publicat în: Revista Universu Juridic nr. 1/2017

Disponibil online: aici.

Abstract: The principle of criminal law’s humanism is reflected in the criminal law regarding the criminal penalties and in the calculation method of the penalties and preventive measures. Regarding the calculation method the „full days” system is consecrated. In the same time the criminal law’s humanism can also be found in the calculation of the penalties and the preventive measures executed both on the territory of our country and aboard, but also regarding the possibility of probation before the entire execution of a punishment under the conditions provided by the law. The criminal law allows the calculation of the duration of the preventive measures of deprivation of liberty, the period in which a person suffered a preventive measure of deprivation of liberty diminishing the length of the pronounced prison sentence. The article is a study of these aspects, invoking certain problems of the legal practice, especially related to the calculation of the duration of the preventive measures of deprivation of liberty in case of concurrent crimes judged separately, in case of suspension of the execution of the sentence, revoking the renunciation to the postponing of the sentence or revoking the renunciation to the application of the sentence. We take into consideration the implications of thene bis in idemprinciple and the compatibility of the criminal regulations in the field with the CEDO provisions.

Keywords: criminal law’s humanism; criminal law; preventive measures.