THE REAL SOCIAL THREAT AND THE CAUSES FOR REDUCING THE PUNISHMENT, ACCORDING TO THE CHANGES BROUGHT BY THE LAW NO. 202/2010, SMALL REFORM IN JUSTICE
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Authors:
• Andrei ZARAFIU, email: andrei.zarafiu@drept.unibuc.ro, Afiliation: Assistant, Ph.D., Faculty of Law, University of Bucharest -
Keywords: criminal law, real social threat, parties’ reconciliation, grounds for reducing the punishment
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Abstract:
The new substantial changes, though minor as concerns the content, if we relate to the intervention caused by the same legislative act in the procedure field, have generated serious difficulties in the interpretation and application in the legal criminal activity. This article aims at analysing and identifying the legal consequences caused at the level of the substantial norm for applying the mentioned legislative act. At the same time, the article offers efficient legal remedies for overcoming the procedure impediments generated by adopting the Law of Small Reform in Justice. The article has three parts, analysing the changes brought by the Criminal Law by the Law No. 202/2010 in different fields: art. 18 1 – the deed that is not a real social threat of a crime, art. 74 1 and art. 184 – accidental wounding.