About Some New Modalities of Individualization of the Punishments According with the New Penal Code (Law no. 286/2009)

Abstract

The individualization of the penal sanctions is a complex operation, and it is realized in three different phases: The phase of incrimination of the penal offences, the phase of precise determination of the punishment and the phase of the execution of the applied punishment. Starting from this reality, the theory of the penal law makes a distinction between the three phases of individualization that correspond with the three mention ones: the legal individualization, the juridical individualization and the administrative individualization. Within each phases, the penal law sanctions are individualized by the activity of particular authorities, within certain limits and with certain methods.The main goal of the study is to present the new modalities of the punishment individualization, adopted by assuming responsibility by the Romanian Government (Law nr. 286/2009). The study also presents other modalities of individualization of the punishment that exist in German Penal legislation, French Penal Code, Portuguese Penal Code, Model Penal Code, used as example by the Romanian Ministry of Justice, the initiator of the project. Along the study, there are presented some of the issues that could appear within the normal application of these new institutions.