Complicitatea prin promisiunea de tãinuire a bunurilor sau de favorizare a infractorului - Analizã comparatã cu infracþiunile de tãinuire si favorizar
Conspiracy as Promise to Conceal the Instruments and Means of

Summary/Abstract: By the present comparative study concerning conspiracy as moral assistance provided to the offender, in a mirror reflection with the accessory after the fact to an offence and concealment, the author tries to shape out the three institutions as clearly as possible, by emphasising the similarities and distinctions between them. The heterogeneous case-law, as well as certain dissenting opinions in the penal doctrine related to said issues have demonstrated the frail distinction between moral conspiracy, concealment and accessory after the fact to an offence, entailing theoretical and especially practical ambiguities, which generate very serious legal consequences. Such consequences can be hardly overridden, due to misapplications of penal law. The comparative analysis of conspiracy as promise to conceal the instruments and means used to commit the offence and the other two offences, i.e. concealment and accessory after the fact to an offence, aims at addressing and, hopefully clarifying, the current ambiguities which have created confusions, errors and uncertainties in the social, moral, and especially penal legal field. The present article makes no attempt to be a comprehensive analysis of the topic under discussion, due to the complexity and diversity of specific features governing the two terms of the comparison, as well as the vast possibilities of human mind to interpret the law in accordance with the multiple situations that modern society opens up. The comparison of these institutions of penal law is based on the main distinctions, but also similarities between conspiracy, concealment and accessory after the fact to an offence, addressing particularly the contradictions in this domain, the arguments of different opinions, as well as the solutions that theory and practice have suggested.

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