DESPRE MODALITĂŢILE COMISIVE ŞI OMISIVE DE SĂVÂRŞIRE ŞI MOMENTUL CONSUMĂRII ŞI EPUIZĂRII INFRACŢIUNII DE NERESPECTARE A REGIMULUI ARMELOR ŞI MUNIŢIILOR
ABOUT THE COMMISSION AND OMISSION WAYS OF COMMITTING AND THE MOMENT OF CONSUMMATION AND EXHAUSTION OF THE CRIME OF NON-COMPLIANCE WITH THE WEAPONS AND AMMUNITION REGIM

Summary/Abstract: The crime of non-compliance with the weapons and ammunition regime also has several ways of committing it in the current regulations of the Criminal Code, usually by commission, but which can also take the form of one's own omission; the crime is criminalized both in simple ways and in aggravated ways, controversial being in doctrine and jurisprudence the moment of consummation and exhaustion of the omission way of committing. Thus, in judicial practice, there were different opinions regarding the moment from which this 10-day term established by the legislator for the deposit of the weapon or ammunition at an authorized gunsmith begins to run from the expiration of the validity period of the weapon permit by the person who held such a valid permit, issued under the law. Discussed and resolved differently in specialized literature and in judicial practice is the circumstance whether the simple ways of committing the crime come into competition with the aggravated ones or with other crimes against the patrimony or against the person or with forgery crimes.

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