2018

Abstract: This article is based on a scholarly presentation delivered at the conference “4 Years Since the Entry into Force of the New Criminal Codes,” held at the Faculty of Law, University of Bucharest, on March 16–17, 2018. Several topics related to the criminal treatment of concurrent offenses and recidivism were addressed. The possibility of imposing different penalties for formal concurrence versus actual concurrence of offenses was discussed. The paper highlighted the controversies that could arise in cases of concurrent offenses, tried separately, for which only fines were imposed and which were not committed in bad faith. Several considerations were presented regarding the possibility of imposing a life sentence in cases of concurrent offenses (Art. 39, para. 2 of the Criminal Code) where, for one of the offenses, a fine was imposed but not enforced in bad faith. Possible solutions were presented for imposing punishment in cases involving the commission of multiple concurrent offenses, some committed as post-conviction recidivism and others as post-sentence recidivism. Attention was drawn to a potential loophole in the law regarding the conditions for imposing a life sentence in cases of concurrent offenses and recidivism, specifically when a life sentence has not been imposed for any of the offenses.

 

Keywords: concurrent offenses, formal concurrence of offenses, recidivism, fine, daily fines, substitution of a fine, life imprisonment.