REPERE DOCTRINARE PRIVIND OBIECTUL JURIDIC SPECIAL ŞI OBIECTUL MATERIAL AL INFRACŢIUNII DE TÂLHĂRIE
DOCTRINAL BENCHMARKS REGARDING THE SPECIFIC LEGAL OBJECT AND THE MATERIAL OBJECT OF THE OFFENCE OF ROBBERY

Summary/Abstract: This article addresses the issue of correctly identifying the legal object and the material object. The determination of these elements is a fundamental safeguard for the effective protection of the affected values and social relations and for the proper application of criminal law rules. The study focuses on the practical divergences concerning the delimitation of the material object and on its impact on the legal classification of the acts and on determining the degree of social danger. The methodology adopted includes doctrinal analysis, examination of relevant case law, as well as comparison of the rules and interpretations on the object of offences against property. The research results show that the complex nature of the offence of robbery entails a specific legal object consisting both of social relations relating to the possession of movable property and, in certain situations, of social relations concerning a person’s health or the inviolability of the home. A clear delimitation of the legal object and of the material object provides predictability in the application of punishment and facilitates the implementation of the principle of legality in criminal law.

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