The Principle of Humanism and the Principle of Opportuneness of Punishment – New Concepts in Realizing the Purpose of the Criminal Law

The Principle of Humanism and the Principle of Opportuneness of Punishment – New Concepts in Realizing the Purpose of the Criminal Law
Rodica PANAINTE


Abstract: As stated in doctrine, criminal law has been used for centuries in a purely punitive, deterrent manner, and exclusively for the benefit of the state. However, criminal law
currently reflects the liberal efforts of mankind to humanize it, to take into consideration not only the apparently vital interest of the society to protect itself from
the ones that commit crimes, but it also considers the characteristics, the rights and the human condition of the offenders.The new Romanian Criminal code reflects a new conception of the criminal legislator, concerning the ways to fulfil the purpose of the criminal punishment. According to this new and modern conception, the establishment and disposing the sentence application, meaning the penalty application of the delinquent, are not the only ways to realize the role of the criminal law to defend the social values. The proof of this new conception is offered by
regulating, in the new Criminal code – two new institutions of judiciary individualization of the punishment, namely the renunciation to the penalty enforcement and the delay in the
penalty enforcement, New Criminal Code.

Keywords: principle of humanism of criminal law, legal individualization of penalty, the opportuneness of penalty, renunciation to the penalty, deferment of penalty.

DOI: http://dx.doi.org/10.18662/lumenlaw.2014.0301.05

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