The author presents the changes introduced by the new Criminal Code on the matter under consideration in terms of systematic and legal content of various incrimination legal norms, highlighting the positive aspects as well as the debatable ones with regard to formulating de lege ferenda proposals.
Further on, the author makes a comparative study of the incrimination legal norms that have corresponding rules in the criminal law, now in force, a brief examination of the ex novo incriminations, analysis accompanied by several observations and some suggestions (de lege ferenda proposals) to improve the examined texts.
The new Criminal Code brings many novelties in the sphere of Romanian criminal law, than the previous regulation, one of them is provided in art. 274, which stipulates that the deed of a person to commit an offense against someone who has filed a criminal complaint, gave statements or presented evidence in a legal dispute or in a proceeding in which witnesses are listen.
The present study aims to investigate the extent to which the trial for „admitting guilt” can meet the requirements of due process, both for purposes of recognition of all the accused a fair trial safeguards, impartial and in a reasonable time both and to ensure a continuity of tradition probation policy Romanian criminal procedure, which claims under Art. 63 par. 2 Criminal Procedure Code, that the evidence does not have a predetermined value.