THE ACCESSORY PUNISHMENT ACCORDING TO THE NEW CRIMINAL CODE OF ROMANIA

The accessory punishment is attached to the main custodial punishment by the criminal law as an accessory. As such, concept-wise, it is neither applied nor decreed by the court of law as it ensues ope legis, that is by the power of law and not ope judicis that is by the power of the court of law. In...

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Bibliographic Details
Published in:Contemporary readings in law and social justice 2012, Vol.IV (2), p.612-617
Main Authors: Ivan, Mari-Claudia, Ivan, Gheorghe
Format: Article
Language:English
Subjects:
Law, Constitution, Jurisprudence
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Summary:The accessory punishment is attached to the main custodial punishment by the criminal law as an accessory. As such, concept-wise, it is neither applied nor decreed by the court of law as it ensues ope legis, that is by the power of law and not ope judicis that is by the power of the court of law. In this study, the authors emphasized the fact that the Romanian legislator has rejected the principle according to which the accessory punishment ensues ipso jure from the main punishment, and therefore stipulating that the accessory punishment is decreed by the court of law in addition to the main custodial punishment.
ISSN:1948-9137