The Offense of Favouring the Perpetrator in the Configuration of the Romanian Criminal Code Cover Image
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Infracţiunea de favorizare a făptuitorului în configuraţia actualului Cod penal
The Offense of Favouring the Perpetrator in the Configuration of the Romanian Criminal Code

Author(s): Elisabeta Botian
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: actual Criminal Code; criminal favoring; destination of helping activities; mens rea of the offence; reference to this offence in Criminal Procedure Code;

Summary/Abstract: The actual Criminal Code brought into force some important changes, concerning among others, the content of criminal favoring. This offence is placed in a special chapter of the Criminal Code, and that expresses the importance of justice as a state activity. In this chapter, the offence of criminal favoring comes just after the misleading of the judicial bodies and so it is respected the natural fluency of a criminal trial. The name of the offence is modified and the reason of that consists in the desired independence of this offence, face with the previous crime.Actus reus of the offence refers only to acts of helping persons who committed crimes and no longer to acts of helping someone to preserve the products or benefits of the crime. The destinations of helping activities are much many in the new Criminal Code, as they were in the former legislation and that helps to improve the meaning of the text. Mens rea of the offence had no changes, despite of the expression „with the purpose of” which suggests direct intention. The crime may be committed with direct or indirect intention. The new title of the offence in the actual Criminal Code must be introduced also in the Criminal Procedure Code who preserved, by mistake, the name of the offence from the former Criminal Code

  • Issue Year: 2019/2019
  • Issue No: 01
  • Page Range: 131-135
  • Page Count: 5
  • Language: Romanian