Autor: Ioan GRIGA
Publicat în: Revista Universul Juridic nr. 11/2015
Disponibil online: aici.
Titlul lucrării în engleză: Considerations regarding the procedural act establishing whether and when the court grants the benefit of the legal case of the punishment reduction provided by art. 19 of Law no. 682/2002
Abstract: In this article, the author brings to the attention of the ideologists and practitioners of the criminal law an issue of high interest, raised in the criminal and procedural practice, namely that of the procedural act establishing whether and when the court grants the benefit of the legal reason for reducing punishment provided by art. 19 of Law no. 682/2002 regarding witness protection.
The structure and content of the study reveal the comments upon art. 19 of Law no. 682/2002, on the benefit granted to the witness who “informs against and facilitates the imputation of criminal liability”, upon the respective phrase and upon the conditions needed for attaching to the formulated information the effects of the legal reason for reducing the punishment limits.
Finally, the author formulates brief considerations related to the reasoning that the lawmaker has taken into account by introducing this legal text.
Keywords: procedural act; witness; criminal liability; legal reason for reducing the punishment; art. 19 of Law no. 682/2002 on the witness protection; information against somebody; imputation of criminal liability; legal rules.