Instrumente procesuale în cazul scindării unității de infracțiune
Judicial instruments in instances of splitting a continuous or complex offence
Author(s): Vlad CrăciunSubject(s): Criminal Law
Published by: Editura Solomon
Keywords: continuous offence; complex offence; ne bis in idem; res judicata;
Summary/Abstract: In this article the author proposes an analysis of the procedural mechanisms for situations in which one single criminal deed is the subject of multiple criminal trials. In this regard, a detailed examination of the Article 37 of the Criminal Code and Article 585 para. (1) d) of the Criminal Procedure Code is in order. Firstly, the author explains the historical context of the relevant legal provisions. Secondly, the author outlines the two main hypotheses taken into account by the legislator, while also establishing their scope and the procedural issues for each hypothesis. Finally, the article touches on some particular situations that cannot be resolved by using the same procedural mechanism and for which alternative solutions have been proposed.
Journal: Penalmente Relevant
- Issue Year: 2021
- Issue No: 2
- Page Range: 43-73
- Page Count: 31
- Language: Romanian