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Maria Ioana MICHINICI, Mihai DUNEA: Reflecting ECHR standards in Romanian criminal law - considerations upon a particular case: the evolutionary pattern of the additional (accessory) punishment (from the Criminal Code of 1968 to the Criminal Code Of 2009)

Abstract: This article represents the second part of a scientific material whose first part was published in the previous number (no. 1/2014) of the Annals of "Alexandru Ioan Cuza" University, of Iaşi (Romania), Juridical Sciences series ["Reflecting the ECHR in Romanian criminal law - considerations regarding a particular case: regulatory developments accessory penalty in the Criminal Code in 1968 and Penal Code of 2009 (Part I)"]. The article aims mainly a didactic purpose, being primarily intended to familiarize students with the institution of the additional (accessory) punishment, regarded from an evolutionary and historical perspective. It presents the transformations of the additional (accessory) punishment in the Romanian criminal law, from the original vision of the former legislator (legislation corresponding to the previous criminal Code, since 1968), to its current form (corresponding to the new criminal Code, of 2009), under the pressure exercised by the E.C.H.R.’s standards. Aside from this dimension, the article includes a critical analysis of the changes brought, in the period of vacatio legis, to the additional (accessory) punishment, as regulated in the new Romanian Criminal Code, by the provisions of it's enforcement law (Law no. 187/2012). Finally, based on these considerations, the authors propose a way of interpreting the text governing this criminal sanction, which tends to distance itself from the strict grammatical interpretation and they advance a proposal of reformulating the text, so that it would expresses more clearly its normative content, according to the interpretation argued previously by them. In the first part of the article, the authors mainly sleeked to expose the regulation of the additional (accessory) punishment in the former Romanian Criminal Code and to indicate the main ECHR’s decisions which led to it’s change; in the second part of the article (the present one) the focus is set on surprising (in a critical manner) the relationship between the ECHR’s standards and the regulation of the additional (accessory) punishment in the Romanian Criminal Code which entered into force on the 1st of February 2014.

Key words: additional (accessory) punishment, Romanian criminal law, E.C.H.R., previous criminal Code (1968), new Criminal code (2009), statutory (regulatory) development, enforcement regime, controversy.


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