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THE LEGALITY OF THE APPLICATION OF SUPPLEMENTARY AND ACCESSORY PUNISHMENTS FROM THE PERSPECTIVE OF THE EUROPEAN COURT OF HUMAN RIGHTS AND THE COURT OF JUSTICE OF THE EUROPEAN UNION

Alexandru POROF

 Abstract

The national penal legislation stipulates three categories of punishment, respectively:

principal, accessory and supplementary punishments. The supplementary punishments are

regulated by art. 55 Penal Code, these being as follows: prohibiting the exercise of certain

rights, military demotion and publication of sentence decision. The application of a

supplementary punishment in the cases where the law provisions the obligation of its

application does not constitute an intromission in the rights guaranteed by The

Convention, as long as the court substantially motivates the necessity of such a

supplementary punishment in relation with the nature and the seriousness of the deed, as

well as with all the circumstances where it was committed. The court has the possibility to

apply an accessory punishment if the principal punishment ruled is that of a fine, but they

have the obligation to mention in the operative part of the judgement that the accessory

punishment is to be executed if the fine is replaced with imprisonment.

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Volume XII, Issue 2, July - December 2022

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Summary

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The Debate in 21st Century Romania. Case Study – Bihor County

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Constantin Ţoca

 

The influence of human rights on law

Access to the Archival Heritage as a Reflection of the Human Right to Culture. UNESCO’s Perspective

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Cultural rights: new era, old principles, same challenges?

Andrei Nicolae

The role of conflict management in combating the social effects of the pandemic. Identification, neutralization, solution

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European Union Law

Brief considerations on the rule of law from the perspective of EU member states

Paul Iulian Nedelcu

EU’s Long Arm of Sanctions – The Anti-Coercion Instrument

Mihai Ioachimescu-Voinea

The principle of solidarity - an instrument for managing migration and asylum at European Union Level

Ciprian-Constantin Mihai

 

UE Law and Comparative Law

The Costs of Digitalization. Social Media adaptation challenges within Public Administration Development

Andrei Alexandru Galan

Anca Elena Bălăşoiu

Summary Issues of Cybercrime

Mioara-Ketty Guiu

Personal Data Processing within a Smart Cemetery

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Environmental law

Some Legal Aspects of Shale Gas

Ovidiu-Horia Maican

International Governance of Climate Change. From the Framework Convention (1992) to COP-27 (2022)

Mircea M Duţu-Buzura