Autor: Daniel NIȚU

Publicat în: Journal Of Eastern European Criminal Law no. 1/2015

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Abstract: In this study, the author briefly sets out the manner in which the new Romanian Penal Code, in force since 1 February 2014, regulates the institution of the principal penalty of fine. In a constant comparison to the corresponding provisions of the previously Criminal Code it is shown the specific of the fine under the new legislation, which now consists of dayfine institution after the model of some evolved systems of comparative criminal law. By analyzing how the fine will be determined, the author concludes that the new regulation allows a better proportionate sentencing, operating with two elements that individually are determined in concreto: the number of dayfines and, respectively, the amount of a dayfine. Another new element of the Romanian penal law, also inspired from comparative law, consists of the fine penalty accompanying imprisonment, established subsequently the identification that the agent has acted to obtain a patrimony benefit. The study exposes the ratio that grounded the new settlement and checks how the sanction is established and executed when the initial penalty is imprisonment or a fine. Further on, the analysis focuses on the hypothesis of replacing the fine with imprisonment as a result of bad faith of the sentenced person who does not pay for it, although he has available financial resources. Welcoming the newly introduced provisions in the Code, the author draws the attention of the reader on unresolved situations under the previous legislation, when the convicted person is not of bad faith, but does not pay the fine because it is not affordable. Currently, in such a case, the fine will be replaced by a number of days of community service work, subject to the convict’s agreement in this respect. Otherwise, the fine will be replaced with imprisonment, just like in the case of bad faith. Finally, one last section, tangent to the topic of the fine penalty, addresses the replacement of unpaid community service with imprisonment for committing a new crime or failure to perform work in conditions set by the court.

Keywords: new Penal Code; the Penal Code in 1969; daysfine; fine that accompanies imprisonment; community service work; replacing fine with imprisonment; replacing fine penalty with unpaid community work.