Implicațiile Deciziei RIL X(10)/2005 asupra recidivei și asupra modalității de sancționare a concursului de infracțiuni în cazul grațierii antecondamnatorii

Abstract

This research seeks to analyse the effects produced in matters of pardon and plurality of crimes by the High Court of Cassation and Justice’s Decision X(10)/2005. Although the modality of sanctioning the concurrent crimes established by the supreme court seems fair from the convict’s point of view, the benefit resulted from the pardon is doubled in an unjustified manner. This way, the prior pardon would also remove an eventual state of recidivism, besides the forgiveness of the punishment’s execution applied by the court. As a result, it will be brought up for discussion a principle created by the criminal law’s older literature, followed by the corroboration between the arguments in favour of this principle, the other opinions of the criminal law’s literature in this matter and some national courts decisions. These will be done with the purpose to suggest a possible solution for solving this law issue which respects the effects that pardon can legally produce. Later, we will also compare this problematic with some particular hypotheses which can occur in practice. In the end, we will present another mandatory jurisprudence of the supreme court which is in contradiction with the decision from which the assumption of this article was made.