AN INVENTORY OF SOME CRIMINAL PROVISIONS OF MITIGATING VALUE REGULATED BY THE ROMANIAN CRIMINAL SPECIAL LAWS

Abstract

The purpose of this article is to establish a presentation of several legal provisions of mitigating trend, regulated in the Romanian criminal law, not in the Criminal Code itself, but in some separate laws – generally regarded, in comparison with the Criminal Code, as “special laws”. The author realizes not only an inventory of those provisions, but also proposes a classification method for them, based upon the criterion of the reasons on which the mitigating tendencies expressed in those legal dispositions where founded. Also, the article indicates the legal provisions in relation to whom these dispositions reveal their mitigating value, regardless of the (sometimes controversial) juridical nature who can be attributed to them: either mitigated forms of other incrimination norms, or special causes of reduction of punishment in relation to some particular offenses, or autonomously regulated criminal acts, initially developed by modifying (in a mitigated way) some other separate regulated offenses.

Keywords

• romanian criminal law; special legislation; provisions and reasons for of punishment; classification