Crimes of rape and aggravated theft, concurrent offenses Cover Image

Infracțiunile de viol și furt calificat, infracţiuni concurente
Crimes of rape and aggravated theft, concurrent offenses

Author(s): Florena-Esther Sterschi
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: the crime of rape; immobilization; death threat; minor victim; the crime of aggravated theft; recognition of the defendant's guilt; psychological trauma;

Summary/Abstract: The crime of rape committed by the defendant against the minor victim, by immobilization, even making death threats, determined the court of first instance, related to the gravity of the crime to apply the punishment, taking into account the general criteria of individualization, respectively the circumstances and manner of committing the crime and the means used, the state of danger created for the protected value, the nature and gravity of the result produced or other consequences of the crime, the reason for the crime and the pursued purpose, the nature and frequency of crimes that constitute criminal records of offenders, the conduct after the crime and the criminal status and level of education, age, health, family and social situation. The first instance established in terms of the seriousness of the crime of rape that the minority of the victim determined the legislator to consider the crime of rape a more serious crime than the basic form, increasing in the abstract the punishment limits, which are between 5 and 12 years.

  • Issue Year: 2020
  • Issue No: 3
  • Page Range: 308-321
  • Page Count: 14
  • Language: Romanian