Elementele constitutive ale infracţiunii
în lumina noului Cod penal
ELEMENTS OF THE OFFENSE IN LIGHT
OF THE NEW PENAL CODE
Subject(s): Criminal Law
Published by: Editura Hamangiu S.R.L.
Keywords: crime subjects; objectivity; the causal link; intent; guilt;
Summary/Abstract: The new Criminal Code, the definition of the offense in Article 15 para. (1) as the offense under the criminal law, committed and imputed guilt of the person who committed it. The current Penal Code defines the offense as threatening social act committed with guilt and under the criminal law [Article 17 (1)]. Thus, we can say that the content of the offense understand all the conditions imposed by criminal law for the existence of certain offenses. It is worth noting that the concept of content differs from the notion of criminal offense, the latter defining the essential features of any crime that customizes to a non-criminal acts. Content and concepts of the offense is the starting point for all generalized features, but at a particular level of each offense, both theory and practice concepts are needed to delineate the illicit criminal prosecution at Before other and for a proper legal classification of the various offenses . The distinction to which I referred earlier, even at the risk of repeating ourselves, is the clearly evident as possible that identifying and establishing "essential features" of the offense legislator serves to distinguish offenses (offenses) of other non-criminal acts (deviations administrative, disciplinary, civil, etc..). Based on the constituent elements of each offense provided by the criminal law offenses differentiation is made between them, doing practically framing the actual facts in the corresponding texts in the special part of the Criminal Code, marking the exact qualifications. We emphasize that, for the existence of offenses under the current Penal Code [Art. 17 (1)], it is necessary that the act represent a danger to be committed with guilt and be under the criminal law. The new Criminal Code, published in the Official Gazette of 27.07.2009 nr.510, establishes the essential elements of the offense are: offense under the criminal law to be committed with guilt and, as a novelty, to be unjustified and attributable to the person who committed it.
- Issue Year: I/2013
- Issue No: I
- Page Range: 286-296
- Page Count: 11
- Language: Romanian