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The institution of mitigating and aggravating circumstances represents one of the main pillars of the judicial individualization of the criminal sanction in any modern criminal law system, from which European law is no exception. Such a representative legal system is also the Italian one, which was, along with other systems, a source of inspiration for the legislator of the new Romanian Penal Code, in force starting from 1 February 2014, as is clear from the statement of reasons itself accompany. As such, from the reading of the regulations of the Italian Criminal Code, it can be noted the existence of some similarities in terms of the definition of circumstances, including at the level of specialized literature, their classification under legal and doctrinal aspects, the express listing of mitigating circumstances – legal (common) or judicial (general) – and aggravating, the judge’s obligation to motivate the retention or non-retention of the circumstances, to avoid an arbitrium judicis on his part – in favour of a giudizio di bilanciamento, or the recognition of the general criteria for individualizing the punishment. In addition, the Italian legislator also regulates the category of circumstances excluding the penalty, which are used in the same way as mitigating circumstances, with the effect of excluding the illegality of the act. However, there are specific legislative peculiarities, for example in terms of the effects attributed by the legislator and the margin of appreciation of the judge of the case, the express regulation of mitigating and aggravating circumstances under the condition of not providing for the same circumstances as constitutive elements of the crime or as special circumstances, a restriction that has generated some divergences in Italian jurisprudence and doctrine regarding the scope of delimitation of these institutions, or in relation to neighbouring ones, such as that of the criteria for the individualization of punishment. At the same time, the Italian legislator expressly specifies that the lack of criminal history cannot be assimilated to a judicial mitigating circumstance, and the main aggravating circumstance in Italian criminal law is recidivism, as it has some particular effects, such as the establishment of minimum punishment thresholds below which the judge cannot go regardless by the number of circumstances favourable to the criminal agent. [ABSTRACT FROM AUTHOR]

It is estimated that around 900 persons are released from prisons in Romania every year (according to statistical data from the National Administration of Penitentiaries, available at http://anp.gov.ro/informatii/dinamica-efectivelor-2/). One of the first actions taken by a person stepping out of the prison gate is to find a job. It is easy to estimate the challenge of such a task, considering some of the socio-economic traits of the inmate population in Romania. The low education level and lack of qualifications restrict the access to the labor market for ex-offenders. The stigma associated with the criminal record, a document required by public institutions in Romania and some private organizations, adds to these barriers. The following research shows some of the effects the social stigma associated with the status of an ex-offender has on their access to the labor market. We will discuss the results of the correspondence audit tests, and analyze data obtained through in depth interviews with human resources experts. [ABSTRACT FROM AUTHOR]

The entry into force of the new Romanian Criminal Code (2009) marks a transition to a new era of doctrinal and jurisprudential controversies that tend to perfect our system of criminal law. A brief foray into the criminal justice policy's tendencies implemented in Act no. 286/2009 on Criminal Code, allows us to observe the desire to repeal some texts of the former Criminal Code imbued with communist concepts. The new Criminal Code reflects a policy shifted towards European legal perspectives. Illustrative in this respect is the institution of deferment of penalty, which is without precedence in the positive law of Romania. It presents itself in terms of legislation that reforms the system of judiciary individualization of punishment that we all knew. The author meticulously examines this new legislation regarding deferment of penalty and all its application conditions. Deferment of penalty is not to be confused with suspended sentence, which, according to the former Criminal Code, could not work without the effect of another institution, i.e. rehabilitation. A deferred penalty operates independently of other institutions of criminal law and constitutes a new means of individualization of punishment which the legislator makes available to the courts for a better sanctioning of a person guilty of an offense. [ABSTRACT FROM AUTHOR]

This study performs an analysis of the subjects of informatical crimes. Therefore, the direct active subject (the author) may be any individual person who meets the general requirements of conviction as well as any legal person according to the article no. 45 of the Criminal Code. The passive subject of the crime may be an individual or legal person who owns the IT system. [ABSTRACT FROM AUTHOR]

The author continues the theme „International judicial assistance in criminal matters“ published in No. 3/2011 of Penal Law Review, examining in detail such topics as notification of procedural acts that are filed in a criminal trial, hearing witnesses, experts and pursued persons; temporary transfer of detained persons on the territory of the solicitor; videoconference hearings; teleconference hearings; border surveillance; undercover investigations; information on banking transactions and criminal records. [ABSTRACT FROM AUTHOR]

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