Capital Punishment in the Old and New Criminal Codes:

  • Old Criminal Code: Capital punishment is one of the main types of punishment.
  • New Criminal Code: Capital punishment is no longer a main punishment, but a special punishment imposed as an alternative.

Impact:

  • The New Criminal Code reflects a shift in the paradigm of sentencing, emphasizing humanity and human rights.
  • The application of capital punishment is limited and only as a last resort, taking various factors into consideration.

Fine Punishments in the Old and New Criminal Codes:

  • Old Criminal Code: Fines generally function as an alternative punishment.
  • New Criminal Code: Fines can be a principal or additional punishment.

Impact:

  • Fines are expected to be a more effective tool for deterrence and for compensating victims.
  • It is important to ensure that the amount of the fine does not exceed the financial ability of the convicted person and considers the principle of social justice.

Criminal Responsibility in the Old and New Criminal Codes:

  • Old Criminal Code: Focuses on individual fault (dolus and culpa).
  • New Criminal Code: Introduces the concept of corporate criminal liability.

Impact:

  • The New Criminal Code encourages corporate accountability for legal violations.
  • Enforcement of corporate criminal liability must be accompanied by clear regulations and mechanisms.