2014

Ioan Paul CHIŞ, PhD Student, Faculty of Law, University of Bucharest, Commentary of Criminal Sentence no. 534 of February 24, 2014 given by 4th District Court of Bucharest
The Decision no. 534 of February 24, 2014 pronounced by the 4th District Court of Bucharest in a criminal case is objectionable, as the court applied the principle of the more favorable criminal law on the enforcement of imprisonment sentences. The court is also in violation of res judicata of formerly pro¬nounced judgments applied to the same convicted person and the very same penalty. Acting in this way, the court digressed from its main purpose as a criminal law enforcement institution (i.e. from the enforcement penalties regime), as the convicted person was deprived of a proper rehabilitation period required to this end.

Key-words: tempus regit actum, favourable law, res judicata

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