conference program - Facultatea de Drept - Dunarea de Jos

THE CONCURRENCE OF THE CAUSES MODIFYING THE PUNISHMENTPh.D. Lecturer Gheorghe IVANDunarea de Jos University, GalatiFaculty of LawAbstractThe judicial individualization of punishment effects through a complex operation in which are usedall of that individualization criterions foreseen by the law (general and special criterion); as part of thiscriterions is situated the necessity of taking into consideration all the aggravating or attenuating causes ofpunishment, because only through a general appreciation over all the circumstances which have influenceover the degree of concrete social danger of the action and over the state of dangerous perpetrator theproper punishment can be established and can be reached the purpose of repressive reaction. Because, inthe complex of circumstances in which can be committed an offence can be both aggravating circumstances,and attenuating, so circumstances which produce opposite effects, figures like necessary the regulationthrough law of the effects of this coexistent circumstances in establishing of concrete punishment. But,besides this circumstances, can be and some aggravating states which can enter in concurrence with the firstones, situation which also must to find her regulation through law.Determined by this necessity, the Penal Code in force contain regulation looking at way in whichmust be applied the different causes modifying the punishment when these come in concurrence, regulationscomprised in 80 th .GALAŢI, 24 th -25 th of April 2009 33