23. Grup infracţional organizat. Art. 8 din Legea nr. 39/2003. Abrogare. Dezincriminare
23. Organized criminal group. Art. 8 of Law no. 39/2003. Repeal. Decriminalization
Author(s): Rodica CosmaSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: repeal of special criminal norms; decriminalization assessment; lack of correspondence in new law; criminal unlawfulness scope; civil sanctions after decriminalization;
Summary/Abstract: When the repealed rule is a special one, the deed remains, usually, incriminated in the general rule. In order to determine whether we are in the presence of a decriminalization, it has to be found that the deed does not find any correspondent in the new law or that it is not incriminated anymore in another legal provision into force. Following the decriminalization, the deed may be completely removed from the scope of the criminal unlawfulness or may produce other kind of sanctions, such as the civil sanction.
Journal: Revista Română de Jurisprudenţă
- Issue Year: 2014
- Issue No: 02
- Page Range: 141-145
- Page Count: 5
- Language: Romanian
- Content File-PDF
