Noțiunea de constrângere. Comparație între dreptul penal român și standardul impus în dreptul internațional penal prin Statutul de la Roma
concept of coercion. Comparison between Romanian criminal law and the standard imposed in international criminal law by the Rome Statute

Summary/Abstract: The objective of this paper is to analyze the notion of duress from two perspectives. Firstly, a brief presentation of the manner in which it is regulated by the Romanian Criminal Law is made, a particular highlight being put on the fact that it is included among the excusing situations mentioned by the 2014 Criminal Code. Secondly, the norms of the Rome Statute which regulate the notion of duress are being presented and analyzed, with an explanation regarding its inclusion among the grounds for excluding criminal responsibility. The paper ends with a third part, dedicated to the exploration of the differences and resemblances between the two types of legal regimes. Two legal problems which may appear in the national praxis are also identified with this occasion. Last but not least, a secondary objective of the author is to use the analysis of the notion of duress in order to argue that the transposition process of the international criminal law norms in the Romanian criminal law is far from being completed and that many gaps remain. In the absence of a future intervention of the Romanian legislator, the latter will have to be managed by the Romanian Courts. At the same time, it is shown that these gaps are inevitable, as international criminal law is an emerging legal branch, while the Romanian legislator did not create the normative solutions necessary for addressing this reality.

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