Valorificarea art. 21 alin. (1) teza I C.pen. – „Exercitarea unui drept” – în contextul cazului de casare prevăzut de art. 438 alin. (1) pct. 7 C.proc.pen.
Capitalization of art. 21 para. (1) thesis I of the Criminal Code – “exercise of a right” – in the context of the cassation case provided by art. 438 para. (1) point 7 of the Code of Criminal Procedure

Summary/Abstract: Starting from the dual legal nature of the exercise of a right recognized by law, on the one hand a justifiable case, and on the other hand a case that removes the typicality in the case of incriminations that provide for the condition of unlawfully committing the act, to examine the hypothesis of invoking a right recognized by law in the exercise of which an act provided by the criminal law was committed exclusively in view of its qualification as a condition of objective typicality, by the extraordinary means of cassation appeal, based on art. 438 para. (1) point 7 of the Code of Criminal Procedure, as well as the identification and evaluation of the solutions pronounced in the matter of the High Court of Cassation and Justice.The approach of the proposed topic will presuppose a normative, doctrinal, jurisprudential research.

• Details
• Contents