2015

A Brief Analysis of The Principles of Most Favorable Law. Controversies and Directions of Interpretation in The New Criminal Code - Nicolae Irina Raluca
ABSTRACT: Orginitated from the principle of legality, the concept of the most favorable criminal law is a tool that comes to guarantee individual rights, thereby ensuring by its effectiveness, the accessibility and predictability functions of the criminal law. Its international consecration highlights the importance that this principle has in strengthening European democracies, who’s fundamental purpose is the consolidtion of human dignity, rather than the coercive force of the state. This is have the main idea in this paper, in a period of inconsistent practice of the courts and of different between CCR ÎCCJ that allowed the development of many controversies related to the correct manner to apply the principle of mitior lex, as it was intended by the creators of the New Criminal Code.

Key words: the mitior lex principle, lex tertia(third law), autonomus institution

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