Legal nature of the concurrence between the offence of assault or other violences and the offence of ill-treatment of minor Cover Image
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Natura juridică a concursului între infracțiunea de lovire sau alte violențe și cea de rele tratamente aplicate minorului
Legal nature of the concurrence between the offence of assault or other violences and the offence of ill-treatment of minor

Author(s): Valentin-Cristian Ștefan
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: formal concurrence of offences; real concurrence of offences; offence of assault or other violences; offence of ill-treatment of minor.

Summary/Abstract: The study deals with the problem of the legal nature of the concurrence established between the offence of assault or other violences and the offence of ill-treatment of minor. The identity in material element between the two offences may be complete, in which case they are in formal concurrence. There is a complete identity in material element when both offences involve a duration of consumption in time. The identity in material element can not be complete, in which case the two offences are found in real concurrence. There is an incomplete identity in material element when the offence of ill-treatment of minor involves a duration of consumption in time, while the offence of assault or other violences lacks this feature.

  • Issue Year: 2014
  • Issue No: 12
  • Page Range: 194-205
  • Page Count: 12
  • Language: Romanian