Considerations regarding the crime of illegal deprivation of liberty, according to the Criminal Code of Romania Cover Image

Considerații privind infracțiunea de lipsire de libertate în mod ilegal conform Codului Penal al României
Considerations regarding the crime of illegal deprivation of liberty, according to the Criminal Code of Romania

Author(s): Cătălin-Viorel Ristea
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: crime; loss of life; imprudence; judicial practice; comparative criminal law;

Summary/Abstract: This offense is based on art. 205 of the Criminal Code of Romania, being part of the offenses against the freedom of the person.Freedom being a fundamental attribute of the human personality, it is also stipulated in the Romanian Constitution, therefore, this value is also protected by the Romanian Criminal Code.We will analyze the simple version of the crime, then the aggravated forms, followed by one-by-one analysis of the constituent elements of the crime of illegal deprivation of liberty.I also followed some aspects of comparative law, regarding the crime of illegal deprivation of liberty, in which sense we have analysed the Codes of Hungary, Italy and Greece, where we will see the constituent elements of this crime, the punishment limits, in the Criminal Codes of the states mentioned above.Towards the end we will also approach the practical part, with a few examples, following the assembly of the constituent elements of the crime.

  • Issue Year: 1/2023
  • Issue No: 1
  • Page Range: 180-184
  • Page Count: 5
  • Language: Romanian