THE CONTROVERSY IN THE CASE LAW REGARDING THE RETENTION OF SUBMITTING CIRCUMSTANCES IN THE CASE OF THE CRIME OF ASSIMILATED SMUGGLING OFFENCE PROVIDED BY ART. 270 PAR. 3 OF LAW NO. 86/2006
THE CONTROVERSY IN THE CASE LAW REGARDING THE RETENTION OF SUBMITTING CIRCUMSTANCES IN THE CASE OF THE CRIME OF ASSIMILATED SMUGGLING OFFENCE PROVIDED BY ART. 270 PAR. 3 OF LAW NO. 86/2006

Summary/Abstract: Through this article, we want to analyze a legal issue that has generated a different practice, namely, if the assimilated crime of smuggling is provided by art. 270 para. 3 of Romanian Law no. 86/2006 on the Customs Code is or is not an offense regarding the state border of Romania and whether it is allowed to retain the mitigating legal circumstance provided by art. 75 para. 1 letter d) of the Penal Code in case of complete coverage of the material damage caused by its commission. Another issue that we want to address is the possibility of retaining the mitigating judicial circumstance provided by art. 75 para. 2 letter a) of the Penal Code consists of the offender's efforts to remove or reduce the consequences of the crime in the conditions in which it is not allowed to retain the mitigating legal circumstance provided by art. 75 para. 1 letter d) of the Penal Code.

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