REFLECTIONS ON THE TYPES OF SECOND OFFENCE OF THE PHYSICAL PERSON IN THE CONCEPTION OF THE NEW CRIMINAL CODE

In the context of the new legislativechanges interfered in matter of the second offence,regulated in the current Criminal Code34 in thestipulations of art. 37-39; art. 402, but also by the newCriminal Code35 in the stipulations of art. 41-43; art. 146we identify the theoretical-practical sizes of this juridicalcriminalcategory. The study is determined by thenecessity to improve the national legislation regarding theregulation of the second offence in the conditions of theexistent tendencies in the international criminal policy andin the activity of combating the phenomenon of the secondoffence in other countries. The stipulations of theRomanian Criminal Code, regarding the second offence,should be improved by clearly specifying the ways of thesecond offence, the materialization of the existenceconditions of the second offence, not only for the naturalperson, but also for the juridical entity, of theindividualization of the punishment in case of secondoffence, as there are cases generating difficulties in thejudicial practice.