THEORETICAL AND PRACTICAL ASPECTS REGARDING ON CO-AUTHORED DISPUTES IN COMMITTING CRIMINAL OFFENSES AND CRIMES AGAINST A FAMILY MEMBER OR AGAINST A FAMILY
THEORETICAL AND PRACTICAL ASPECTS REGARDING ON CO-AUTHORED DISPUTES IN COMMITTING CRIMINAL OFFENSES AND CRIMES AGAINST A FAMILY MEMBER OR AGAINST A FAMILY

Summary/Abstract: The new regulations brought by the Criminal Code offer fresh conception on the issue of criminal participation in Romanian criminal law. Thus, following other European models, the Romanian legislator chose to exclude the author from the sphere of participants, thus using what is called the restrictive concept, given the qualitative differences that exist between the author, on the one hand, and instigator and accomplice, on the other. on the other hand. At the same time, unlike the regulation from the Criminal Code of 1969, the New Criminal Code chose to explicitly define, the content of art. 46 para. (2) the co authors, placing them in an uncertain place, however, between the author, to whom he resembles himself by committing the act directly, and participants. The doctrine and jurisprudence have been given the task of interpreting the legal provisions governing the situation of co authorship so that over time different opinions have arisen on various issues and at the same time in criminal matters that have embraced one or the other of them. The institution of criminal participation has particularities, which implicitly determine the appearance of controversies, regarding certain categories of crimes such as those committed through guilt or against a family member. In the present study, we aimed to analyze these controversies trying to present different opinions and arguments in support of them..

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