Aplicarea pedepsei pentru recidivă de infracțiuni [Articol]

Abstract

The paper constitutes an analytical material on the provisions in force regarding the institution of individualization of punishments in general, and the application of punishment for recidivism in particular. The legal framework within which judicial individualization of punishment must take place in cases of recidivism is analyzed. The means and criteria for the individualization of criminal punishment as determined by law are presented. The grounds and limits for applying punishment in cases of recidivism are examined, along with the circumstances provided by law when determining the category and duration of the punishment for any type of recidivism. Explanations are provided regarding the rule of increasing the punishment for dangerous and particularly dangerous recidivism, as established by law, by raising the special minimum limit of the punishment stipulated by the corresponding article in the Special Part of the Criminal Code. It is clarified that the punishment for dangerous and particularly dangerous recidivism cannot be established below the special minimum limit of the punishment provided by the relevant article. Solutions have been identified for applying punishment in cases of recidivism when an unconsummated offense is committed again or multiple concurrent offenses are committed in a state of recidivism, as well as in situations where dangerous or particularly dangerous recidivism overlaps with the accumulation of sentences.