Acta Universitatis Danubius. Juridica, Vol 9, No 2 (2013)

Abstract

In this paper we conducted a general review of the provisions relating to mitigating circumstances and their effects on the current conditions. It was also undertaken a comparative examination of the mitigating circumstances of the provisions of the current Criminal Code compared with those of the New Criminal Code. The research is focused on examining the provisions of the New Criminal Code and on formulating critical opinions. The paper can be useful to theorists and practitioners in this field in terms of entering into force of the New Criminal Code. The essential contribution of the work, its originality lies within the general examination of the rules governing the legal and judicial mitigating circumstances, their effects under the New Criminal Code, the comparative examination of current provisions, and the expressed critical views.