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Considerations Regarding the Calculation of the Rehabilitation Period in Light of the Precepts of the Principle of the More Favorable Criminal Law

Author

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  • Lucian Stănescu

    (Lecturer PhD, Faculty of Law and Administrative Sciences, Stefan cel Mare University of Suceava, Romania)

  • Mircea Grozavu

    (PhD, Faculty of Law, State University of Moldova)

Abstract

This article aims to clarify the issues that may arise when assessing the length of the rehabilitation period in order to determine whether or not the person on trial is in a state of post-execution recidivism. The issue analyzed in this article lies in the limits of application of the more favorable criminal law in pending cases, in situations where the more favorable criminal law regarding the duration of the rehabilitation period for the defendant's prior record is the new criminal law, and the more favorable criminal law regarding the special limits of punishment is the old criminal law, under which the offense was committed, which prohibits de plano the creation of a third criminal law. This article proposes several arguments in support of finding a solution to these situations in accordance with the binding case law on the matter issued by the Constitutional Court of Romania on the establishment of the more favorable criminal law for transitional situations.

Suggested Citation

  • Lucian Stănescu & Mircea Grozavu, 2025. "Considerations Regarding the Calculation of the Rehabilitation Period in Light of the Precepts of the Principle of the More Favorable Criminal Law," Logos Universalitate Mentalitate Educatie Noutate - Sectiunea Drept/ Logos Universality Mentality Education Novelty - Section: Law, Editura Lumen, Department of Economics, vol. 12(2), pages 253-260, December.
    • Handle: RePEc:lum:rev13d:v:12:y:2025:i:2:p:253-260
    DOI: https://doi.org/10.18662/eljpa/12.2/276
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    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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