Noțiunea de patrimoniu și specificul ocrotirii sale penale
The Notion of Heritage and the Specific of his Criminal Protection

Summary/Abstract: The article aims to clarify the content of the concept of heritage, by delimiting the property and to identify the main types of crimes against heritage, provided by the New Criminal Code of Romania, adopted in 2016, updated in September 2019. The analysis is necessary to be able to realize, the concept of patrimony and offenses against the patrimony in order to design a concrete research on this subject realized in a near time horizon. The Constitution of Romania, by art.136 par. (1), provides that the property is public or private. Thus, although the property knows two forms, it can be violated by social danger facts, considered as crimes. The notion of heritage comprises a larger area than the property, including all the rights and obligations with economic value, which belong to state institutions that have both an administrative right and ownership over them. Thus, the patrimony constitutes the material support, being protected by the law, both by the extra-legal means and the criminal norms.

• Details
• Contents