Theoretical and Practical Considerations of the Concurrence of Offenses
Theoretical and Practical Considerations of the Concurrence of Offenses

Summary/Abstract: The entry into force of the new Criminal Code brought back tothe attention and discussion of legal practitioners and theoreticians thecriteria that distinguish the continued offense from the concurrence ofoffenses. Although, subsequent to the Romanian Constitutional CourtDecision no. 368/2017, it has practically returned to the existing regulationin the matter of the continued offense under the rule of the old CriminalCode, the concrete situations submitted to the attention of the courtscontinue to provoke theoretical controversies. This article aims to criticallyanalyse the recent case law regarding the criteria considered by the courtswhen they delimit the existence of a concurrence of offenses or a singleoffense, in a continuous form.

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