Second offence matters in the new criminal code

• Author: Adriana-Iuliana Stancu - Gina Negrut
• Position: Faculty of Law, Social and Political Sciences, the Administrative and Regional Sciences Department, 'Dunarea de Jos' University, Galati, Romania - Faculty of Police, the Criminal Law Department, 'Alexandru Ioan Cuza' Police Academy, Bucharest, Romania
• Pages: 175-182

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

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

No. 1 (2013), pp. 175-182

175

SECOND OFFENCE MATTERS IN THE NEW CRIMINAL CODE

A. I. Stancu, G. Negru

Adriana Iuliana Stancu

Faculty of Law, Social and Political Sciences, the Administrative and Regional Sciences

Department

“Dunarea de Jos” University, Galai, Romania

*Correspondence: Adriana Iuliana Stancu, “Dunarea de Jos” University,

111 Domneasca St., Galati, Romania

E-mail: adriana.tudorache@ugal.ro

Gina Negru

Faculty of Police, the Criminal Law Department

“Alexandru Ioan Cuza” Police Academy, Bucharest, Romania

* Correspondence: Gina Negrut, 1A Privighetorilor Alley, sector 1, Bucharest, Romania

E-mail: gina.negrut@academiadepolitie.ro

Abstract

Legislative changes to the legal norms governing the second offence matters in the

New Criminal Code are the expression of the need to adapt the criminal policy to the changes

occurring in the Romanian society, in line with the trends in the European legislation in order

to prevent and combat the criminal phenomenon.

Keywords: natural person, legal person, terms of second offence, post-sentence

second offence, post-executory second offence.

Introduction

In regulating the second offence matters in the New Criminal Code, imposed by the

peculiarities involved by recidivism in the context of the fight means against the criminal

phenomenon, the Romanian legislature showed evidence of exactness for the regulation of the

sanctioning method both of a natural person and a legal person in charge with such states

1

.

On the other hand, we should not neglect the fact that it is necessary to adapt the national

legislation in terms of recidivism to the trends existing in international criminal policy, in

order to improve the legislation in force and to match the Romanian criminal legislation with

the European legislation in the field.

Both in our legislation and of other States, the foundation of aggravation of criminal

liability in the event of recidivism is represented by the persistence of crime attested by the

perpetrator

2

, from which the idea of its increased injuriousness is derived.

The second offence is one of the most serious manifestations of the criminal

phenomenon, representing the proof that the offender may persevere in ignoring the law also

after he was tried and convicted for a crime even after he executed a sentence, that he failed

to change his conduct in spite of the previous experience represented by the execution of a

sentence, thus proving the inefficiency of the prevention and control activities of the second

offence phenomenon as well as of the criminal policy regarding the punitive system.

1

V. Dobrinoiu, Gh. Nistoreanu, I. Pascu, Al. Boroi, I. M olnar, V. Lazr, Drept penal. Partea general, “Europa

Nova” Publishing House, 1997, p. 270.

2

M . Zolyneac, Drept penal-Parte general, vol. II, “Chem area” Foundation Publishing House, Iai, 1992, p.

637.