Abstract:
The Moldovan criminal legislation tends towards a modern criminal justice system. Therefore, it is important to ensure a good reasoning of applying a certain
category of criminal punishment (deprivation or non-deprivation of liberty punishment).
This goal can be achieved by analyzing the criminal law provisions and ensuring the
legal and judiciary proportionality between the concrete offence and the criminal punishment set forth.
Unfortunately, the national judicial practice does not contribute to uniformity in the
courts’ application of the criminal law, because of poor reasoning which leads to a lack
of trust in justice act.
