The offense of first-degree murder in the new Penal Code Cover Image
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Infracţiunea de omor calificat în Noul Cod penal
The offense of first-degree murder in the new Penal Code

Author(s): Valerian Cioclei
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: first-degree murder; legal precedent; transitional situations

Summary/Abstract: The current Penal Code provides for two items in which there are combined variants of aggravated murder: art. 175 (qualified murder) and art. 176 (manslaughter). The new Criminal Code the legislator has chosen to reunite in a single article, art. 189 of the new Criminal Code (first-degree murder), some of the elements of the offenses above mentioned. Of the sixteen hypotheses that the current Criminal Code contains(nine for first-degree murder and seven qualified as manslaughter) exactly half were kept in the new Criminal Code as first-degree murder. Although it seems a radical operation geared exclusively toward less severe punishment of murder variants, giving up the eight items was based on various reasons which will be mentioned in this article summary.

  • Issue Year: 2012
  • Issue No: 03
  • Page Range: 167-170
  • Page Count: 4
  • Language: Romanian