Considerations referring to the criminal offence of threat Cover Image
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Considerații referitoare la infracțiunea de amenințare
Considerations referring to the criminal offence of threat

Author(s): Andreea Mădălina Nicu
Subject(s): Criminal Law, Civil Law
Published by: Uniunea Juriștilor din România
Keywords: threat; fear; danger; mental; another person; damaging deed; means of accomplishment; outrage; blackmail;

Summary/Abstract: Located within Chapter VI of the Criminal Code that criminalizes criminal offences against the person’s freedom, the criminal offence of threat provided by Article 206 appears on the background of the protection of the mental freedom of persons. The thorough analysis of the crime will reveal some aspects regarding different theories of interpretation of the law that can be objectified also in practical situations. Also, the interpretation of the criminal offence highlights certain aspects regarding the fear of the person, the manner of committing the crime, the threat of a harmful act, the correlation with the crime of outrage and judicial outrage, as well as some differences from the crime of blackmail. Therefore, in the framework of highlighting some opinions or observations on them, it can be delimited the offence of threat much easier compared to other offences, but it can also constitute a useful legal instrument during the stages of criminal liability of the offender, as well as for the improvement of the text of law by the legislator.

  • Issue Year: 2022
  • Issue No: 09
  • Page Range: 96-104
  • Page Count: 9
  • Language: Romanian