Infracțiunea continuată-tendințe teoretice și jurisprudențiale
The Continued Offense-Theoretical and Jurisprudential Trends

Summary/Abstract: In the 10 years since the entry into force of the new Criminal Code, a number of issues related to the institution of the legal unit of offense, with emphasis on the continuous offense, provided for in the provisions of Articles 35 paragraph 1 of the Criminal Code, Article 36 paragraph 1 and Article 37 of the Criminal Code, have raised discussions from a doctrinal perspective and have created problems in judicial practice. In the framework of our theoretical approach, we propose an analysis of the regulations in this segment, revealing the reason for declaring unconstitutional t he provisions of Article 35 paragraph 1 of the Criminal Code, and the interpretations given by the Supreme Court on issues related to sentencing and recalculation of the sentence for the continuous offense, including controversial issues related to the continuous offense.

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