Delimitarea dintre infracțiune și contravenție în lumina noilor modificări legislative
Delimitation between offence and contravention in light of the new legislative amendments
Author(s): Elena Emilia ȘtefanSubject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: offence; new Criminal Code; contravention; typicalness; presumption of innocence.
Summary/Abstract: Within every form of legal liability, the act inconsistent with the legal rules for which liability is engaged is qualified expressly by law. This study aims to analyze comparatively the offence and the contravention, regarded in the light of recent legislative influences, appeared in the field of criminal law. In order to achieve this intended objective, the structure of the material elaborated by the author envisages the following sequence: the historical evolution of the offence and of the contravention; the definition of the offence and of the contravention; the system of punishments and the sanctioning regime; other aspects of the legal regime of the offence and of the contravention. The analysis covers the following: the stage of legislation, the point of view of the doctrine, as well as the case-law. Finally, there are presented the conclusions reached as a result of this approach and there are formulated de lege ferenda proposals.
Journal: Revista „Dreptul”
- Issue Year: 2015
- Issue No: 06
- Page Range: 143-159
- Page Count: 17
- Language: Romanian
- Content File-PDF