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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