2018

Cristian MITRACHE, Associate Professor, Faculty of Law, University of Bucharest, Reflections on criminal treatment of the multiple offenses and of the repeat offense


Abstract: This material is based on the scientific communication made at the conference "4 years after the entry into force of the new criminal codes" held at the Faculty of Law, University of Bucharest, 16-17 March 2018. Several subjects related to the criminal treatment of the multiple offenses and of the repeat offense were discussed. It has been questioned the possibility of differentiating the formal multiple offenses (when a single act leads to multiple offenses) from the real multiple offenses (when multiple offenses are perpetrated through separate acts). The paper highlights the controversies which could arise in the case of competing crimes, judged separately when only fines were applied that the defendant failed to pay, in ill-faith. Some reflections were made on the possibility of applying life imprisonment in the case of a criminal offense (Article 39 paragraph 2 of the Criminal Code) whenever for one of the offenses the penalty was a fine that was not executed in ill-faith. Possible solutions for punishment were presented in the case of multiple offenses, some in case of recidivism after conviction, and others in case of recidivism after execution of penalty. A possible escape of the law in regulating the conditions for the possibility of life imprisonment in the case of the multiple offenses and the repeat offense is brought to the attention, in the event that for all of the offenses, the sentence of life imprisonment was not established.

Keywords: multiple offenses, formal multiple offenses, repeat offense, criminal fine, fine-days, replacement of the fine, life imprisonment.


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