Remedii substanţiale şi procedurale în cazul infracţiunii continuate (I)
Substantive and Procedural Remedies in the Case of the Continuous Offense (I)

Summary/Abstract: This study explores the substantive and procedural mechanisms applicable in the case of the continuous offense, a form of legal unity of crime characterized by a plurality of homogeneous actions or inactions, unified by a common subjective factor. The first part of the study identifies the remedies available to the judicial body in order to positively restore the criminal unity, in situations where the facts, initially prosecuted or judged together or separately as standalone offenses, are integrated into the structure of the same continuous offense. Thus, the possibility of changing the legal classification to unite the actions or inactions under a single continuous offense is analyzed, regardless of whether this modifies the nature or the cause of the accusation, in the classic hypothesis where these are prosecuted or judged together. Furthermore, the article examines the application of the mechanism for changing the legal classification and that of modifying the penalty in the execution phase, as well as the direct application of the substantive provisions regarding penalty recalculation in the hypothesis where the component actions or inactions were all or in part the object of separate criminal prosecutions or judgments. Within special hypotheses, solutions for waiver of punishment, postponement of punishment, and waiver of criminal prosecution are analyzed, highlighting the difficulties and inequities that may arise in situations where solutions for waiver of punishment or waiver of criminal prosecution have been issued, suggesting the need for legislative intervention to ensure equitable legal treatment.

• Details
• Contents