COMISIUNE ŞI OMISIUNE ÎN PURTAREA NELEGALĂ DE ARME LETALE ŞI MUNIŢII
COMMISSION AND OMISSION IN UNLAWFUL POSSESSION OF DEADLY WEAPONS AND AMMUNITION

Summary/Abstract: The increase in crime at the level of European states and the need to prevent this particularly complex phenomenon through a more effective control regarding the acquisition and possession of firearms determined the adoption of the European Convention on the control of the acquisition and possession of firearms by individuals, a normative act ratified by Romania through Law no. 116/1997. Also, this international convention creates various forms of institutionalized cooperation between the state parties, establishes indicators regarding the sanctioning regime and enshrines their commitment to criminalize these acts in domestic law. Initially, it is noted that the mentioned normative act included in art. 133-141 a series of crimes specific to the field, crimes that were repealed by art. 151 points 3 of Law no. 187/2012. The abrogation of the articles that provided for crimes under the weapons and ammunition regime was determined by their inclusion in the provisions of art. 342-344 C. pen. The first category includes crimes related to the arms and ammunition regime and would include possession, carrying, making or carrying out other operations, without the right, etc., evasion, as well as the use of a weapon without the right or falsifying, modifying or erasing the markings on lethal weapons. The crime provided by at. 342 Penal Code that sanctions the illegal carrying of lethal weapons and ammunition knows several commissive and omission ways of committing regarding which there are different opinions in doctrine and jurisprudence regarding the legal framework and sanctioning treatment.

• Details
• Contents