The fine penalty in the new criminal code

• Author: Olivian Mastacan - Vladila Lavinia Mihaela
• Position: Faculty of Law and Social-Political Sciences, the Law Department Valahia University, Târgoviste, Romania - Faculty of Law and Social-Political Sciences, the Law Department Valahia University, Târgoviste, Romania
• Pages: 94-100

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

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

No.1 (2012), pp. 67-73

67

THE FINE PENALTY IN THE NEW CRIMINAL CODE

O. Mastacan, L. M. Vladila

Olivian Mastacan

Faculty of Law and Social-Political Sciences, the Law Department

Valahia University, Târgovite, Romania

*Correspondence: Olivian Mastacan, Va lahia University of Târgovite, 8-10 Geti St.,

Târgovite, Romania

E-mail: ghili_m@yahoo.com

Lavinia Mihaela Vldil

Faculty of Law and Social-Political Sciences, the Law Department

Valahia University, Târgovite, Romania

*Correspondence: Lavinia Mihaela Vldil, Valahia University of T ârgovite, 8-10 Geti

St., Târgovite, Romania

E-mail: laviniavladila@yahoo.com

Abstract

In th e judicial system, the penal law has an essential role, those to defend and to

guarantee the main relationship in a society. In its framework, one of the pylon institutions is

represented by the penalty system. It reveals the penal policy of the state during a period of

time. Therefore, taking in consideration the regulation of the n ew criminal code, we propose

to analyze the fine penalty, which has a new reg ulation, substantial modified. This will be the

topic of the present article.

Key words: penalty system, fine penalty, new regulation.

Introduction

The criminal sanctions represent a fundamental institution of the criminal law, and

along with the in stitution of criminal offen ce and responsibility represent the basis o f

criminal code

1

. The regulation of criminal sanctions can be found only in the general part of

the Criminal Code, each offence assuming one or more of them, depending on its degree o f

abstract social danger. The specification of the types of sanctions, their general mode of

implementation and execution has a special significance for the entire criminal regulation,

being an essential aspect in the the law of legality, thus contributing to the accomplishment

of the legal order.

The Fine in the New Criminal Code. Due to this special importance, the legislator

felt the need to dedicate an entire title to punishments, namely the III

rd

Title of the Criminal

Code, this being one of the most extended and comprehensive title. The enforcement of a

criminal sanction represents the final stage in the chane of basic institutions of the criminal

law; the perpetration of a crime and the assessment of the criminal responsibility are

** Lecturer PhD, Faculty of Law and Social Policy, University Valahia of Targoviste, ghili_m@yahoo.com

** Lecturer PhD, Faculty of Law and Social Policy, University Valahia of Targoviste, laviniavladila@yahoo.com

1

Gabriel-Silviu Barbu, Alexandru erban, Drept execuional penal, Ed. All Beck, Bucharest, 2005, p. 12.