Reflections on the Legal Nature of the Unity of an Offence under the Romanian Criminal Law Cover Image

Reflections on the Legal Nature of the Unity of an Offence under the Romanian Criminal Law
Reflections on the Legal Nature of the Unity of an Offence under the Romanian Criminal Law

Author(s): Anca-Iulia Stoian
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Editura Fundaţiei România de Mâine
Keywords: natural unity; legal unity; criminal resolution; crime’s content; single offence;

Summary/Abstract: In the content of the rule of the criminalization, the legislator describes the conduct he intends to ban or impose. By generalizing the concrete facts observed during the pre-legislative period, the legislator is concerned to present clearly, precisely and completely the essential characteristic features of the behavior he assesses as harming or endangering the social values protected by the criminal law. In the process of the criminalization, the legislator does not seek to identify the acts or actions in which the incriminated conduct is regarded as a physiological manifestation, or as a volitional impulse. Nevertheless, the legislator is aware that the concrete facts to which the generalized expression refer to in the description of the criminalization are inevitably composed of such elements. In this study, we intend to analyze the main opinions expressed in the specialized literature, in order to extract the definition and general rules applicable to the crime unity.

  • Issue Year: IV/2018
  • Issue No: 8
  • Page Range: 148-153
  • Page Count: 6
  • Language: English