Did you know that, under certain conditions, Romanian criminal law can be applied more favorably to you, even after committing a crime? Find out what this concept means and how it can be applied!

What does the application of the more favorable criminal law mean?

The more favorable criminal law is an essential principle of Romanian criminal law, enshrined in the Romanian Constitution as an exception to the principle of non-retroactivity of the law.

It means that if a criminal law is modified and becomes more lenient than the one in force at the time the crime was committed, the court must apply the new law. This principle protects individuals who were sentenced under a more severe regulation, giving them the chance to benefit from a lighter sentence if the law changes.

When is the more favorable criminal law applicable?

The more favorable criminal law applies:

• Until the final judgment of the case: If, at the time the criminal act was committed, there was a criminal law in force, and by the time the case is judged, a new criminal law with milder provisions has come into effect, the latter law shall apply.

! The more favorable provisions from successive laws cannot be combined, as this would create a criminal law that does not exist in reality.

• After the final judgment of the case: If, following a final judgment, the Romanian criminal law undergoes changes that reduce the penalty limits for certain offenses or provide lighter penalties, the person who committed the offense may request a revision of the sentence.

What are the conditions for applying the more favorable criminal law in Romania?

To benefit from the application of the more favorable criminal law, a few essential conditions must be met:

• The existence of a succession of criminal laws: There must be at least two different Romanian criminal laws between the time the crime was committed and the end of the criminal proceedings.
• The offense must be stipulated as a crime in all successive criminal laws: If an offence is no longer provided for by the new criminal law, decriminalization occurs.
• One of the successive criminal laws must be more favorable.

How is the more favorable criminal law determined?

In practice, determining the more favorable criminal law can have several implications:

• The different nature of the penalty: If an offense was punished more severely before the law was changed, and now the new law provides for a different, more lenient penalty (prison, fine), the person sentenced can benefit from a reduced sentence.
• Different special penalty limits: When the penalties in successive laws are of the same nature, the Romanian law that provides for a lower minimum or maximum penalty will be more favorable.

How can the application of the more favorable criminal law be invoked?

The application of the more favorable criminal law can be invoked by the convicted person’s lawyer, who will request the court to apply the new regulation.

                                                                                                            Raicu Andreea Ecaterina

                                                                                                           Legal intern R&R Partners