OMORUL CALIFICAT COMIS ASUPRA A DOUĂ SAU MAI MULTE PERSOANE: CONCURS DE INFRACŢIUNI, INFRACŢIUNE COMPLEXĂ SAU VIOLENŢĂ ÎN FAMILIE?
THE AGGRAVATED MURDER OF TWO OR MORE PERSONS: MULTIPLE OFFENSES, COMPLEX CRIME OR DOMESTIC VIOLENCE?

Summary/Abstract: The aggravated murder of two or more persons is judiciously kept among the circumstances that make murder aggravated, because of the increased gravity it reflects in relation to the social order. At the same time, social reality often exceeds the legislative parameters set by the legislator, in a wide variety of situations, and the 'compromise' solution must be sought in the legislator's own will, which can often be inferred from the incriminating texts. The present article aims to analyse the hypothesis that, in the context of Article 189 (2) of the Romanian Criminal Code, two persons are killed, one of them having a special status in relation to the perpetrator, i.e. a family member of the perpetrator, within the meaning of Article 177 of the Romanian Criminal Code. In such a situation, are we concerned with a combination of offences of aggravated murder and domestic violence, a single complex offence of aggravated murder or a single offence of domestic violence?

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