Reflections on the Types of Second Offence of the Physical Person in the Conception of the New Criminal Code

Abstract

In the context of the new legislative changes interfered in matter of the second offence, regulated in the current Criminal Code in the stipulations of art. 37-39; art. 402, but also by the new Criminal Code in the stipulations of art. 41-43; art. 146 we identify the theoretical-practical sizes of this juridical-criminal category. The study is determined by the necessity to improve the national legislation regarding the regulation of the second offence in the conditions of the existent tendencies in the international criminal policy and in the activity of combating the phenomenon of the second offence in other countries. The stipulations of the Romanian Criminal Code, regarding the second offence, should be improved by clearly specifying the ways of the second offence, the materialization of the existence conditions of the second offence, not only for the natural person, but also for the juridical entity, of the individualization of the punishment in case of second offence, as there are cases generating difficulties in the judicial practice.New Criminal Code, legal second offence, second offence status, ways of second offence, terms of second offence, recidivist offender, recidivism.