CONSIDERAŢII TEORETICE ŞI PRACTICE CU PRIVIRE LA INFRACŢIUNEA DE BRACONAJ
THEORETICAL AND PRACTICAL CONSIDERATIONS REGARDING THE OFFENSE OF POACHING
Author(s): Mirela Mihaela ApostolSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Poaching; game fund; alternative content; alternative contents; compatibility;
Summary/Abstract: This material presents an analysis of the offense of poaching, as outlined in Article 42 of Law No. 407/2006 - a provision infrequently encountered in the judicial practice. Starting from the statutory text, we aim to determine whether it establishes a single offense with alternative methods of commission or rather defines twenty-two distinct offenses. Further, by examining each of the legal variations specified, we will highlight the unique aspects of the offense, focusing on its constitutive elements and the cases in which different forms of poaching may intersect. This analysis will provide a foundation for assessing whether legislative amendments are warranted.
Journal: Universul Juridic
- Issue Year: 2024
- Issue No: 11
- Page Range: 41-67
- Page Count: 27
- Language: Romanian