Ipotezele speciale de înlăturare a trăsăturilor esențiale ale infracțiunii în reglementarea Noului Cod Penal
The Special Causes Negating the Essential Elements of the Criminal Offence under the New Criminal Code

Summary/Abstract: The following paper started from the premise that a distinction shall be made between the special causes negating the essential elements of a criminal offence contained in the actual criminal legislation and enacted by the legislator using equivocal and incoherent normative phrases, aspect which generated considerable controversy and uncertainties among both the theoreticians and practitioners of penal law. Being based upon a comprehensive analysis of the national published literature on criminal law, this study was made for the purpose of highlighting the theoretical and practical importance of the respective distinction, as well as for identifying each special cause negating the essential elements of a criminal offence and determining its legal characterisation having regard to the specific reasoning behind their enactment.

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