MOTIVAREA APLICĂRII PEDEPSEI PENALE -PRIORITATE SAU RUTINĂ PENTRU JUSTIȚIA PENALĂ NAȚIONALĂ?

Abstract

The Moldovan criminal legislation tends towards a modern criminal justice system. Therefore, it is important to ensure a good reasoning of applying a certain category of criminal punishment (deprivation or non-deprivation of liberty punishment). This goal can be achieved by analyzing the criminal law provisions and ensuring the legal and judiciary proportionality between the concrete offence and the criminal punishment set forth. Unfortunately, the national judicial practice does not contribute to uniformity in the courts’ application of the criminal law, because of poor reasoning which leads to a lack of trust in justice act.