Comparative aspects regarding the expulsion measure in the penal code and new penal code

• Author: Adriana Stancu - Gina Negrut
• Position: University of Galati, Romania - Police Academy, Bucharest, Romania
• Pages: 215-222

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2013), pp. 215-222

215

COMPARATIVE ASPECTS REGARDING THE EXPULSION

MEASURE IN THE PENAL CODE AND NEW PENAL CODE

A. Stancu, G. Negru

Adriana Stancu

Legal Faculty of Social and Political,,

,Dunrea” University of Galai, Galai, Romania

*Correspondence: Stancu Adriana, 4 Roiori St., Galai, Romania

E-mail: ruvia_0777@yahoo.com

Gina Negru

Faculty of Law,

„Alexandru Ioan Cuza” Police Academy, Bucharest, Romania

*Correspondence: Negru Gina, 7b Cameliei St., Ploieti, Romania

E-mail: ginanegrut@yahoo.com

Abstract

With the aim of combating the delinquency phenomenon, by means of the provisions

of art. 286/2009, regarding the Penal Code, it was diversified the general background of

complementary punishments, which can be applied if the main punishment established is

prison or fine payment. Therefore, is to be changed also the judicial nature of the expulsion

measure, becoming complementary punishment by changing the rationality of applying this

sanction.

Keywords: penal liability, sanctions, safety measure, main punishments,

complementary punishments

Introduction

For the proper performance of the activities in human collectivities it is necessary to

respect the general behavior rules. In general, the people’s attitude towards the legislative

imperatives it manifests on the line of respecting the judicial rules within a conformation

judicial report. The efficiency of the penal judicial rules is assured by their application and by

the way in which the persons, who committed infractions, by breaking the provisions of the

judicial rules, are brought to book for the infractions committed

1

.

Within the penal right judicial report, it is established the penal liability in the forms

and modalities foreseen by law, in terms of the type of infraction committed, the level of

social danger implied by the infraction and also by the particularities of the perpetrator

2

.

With the aim of combating the delinquency phenomenon it is necessary, firstly, to

combat the causes which generate the delinquency phenomenon and also the conditions which

favor this phenomenon. This implies, of course, an effort from the company, so that the entire

judicial-penal regulation to assure the prevention of committing dangerous deeds

3

, both by

1

Gheorghe Nistoreanu, Vasile Dobrinoiu, Ilie Pascu, Alexandru Boroi, Ioan Molnar, Valeric Lazr, Drept

penal. Partea general, Europa Nova Publishing house, Bucharest, 1997, pp. 84; Costic Bulai, Bogdan Bulai,

Drept penal. Partea general, Universul Juridic Publishing house, Bucharest, 2007, pp. 282; Constantin

Mitrache, Cristian Mitrache, Drept penal român . Partea general, Edition VIII reviewed and enlarged,

Universul juridic Publishing house, Bucharest, 2010, pp. 181

2

Gheorghe Nistoreanu, Vasile Dobrinoiu, Ilie Pascu, Alexandru Boroi, Ioan Molnar, Valeric Lazr, Drept

penal. Partea general, Atlas Lex Publishing house, Bucharest, 19 96, pp. 341

3

See Maria Zolyneac, Drept penal. Partea general, Vol. III, “Chemarea” Foundation Publishing House, Iai,

1993, pp. 803