The constitutive content of weapon use offense in the New Criminal Code
The constitutive content of weapon use offense in the New Criminal Code

Summary/Abstract: The entry into force of the New Criminal Code, especially in terms of including in its content new offenses, requires their examination and implicitly their knowledge. Within the paper it is examined the constitutive content of the offense, with a particular emphasis on the essential requirement which complements the material element of the objective side. The novelty is in the examination of the objective side, the essential requirements and the subjective side, in terms of the new law. We also have propositions of lege ferenda that regard the replacement of the term “offense” with the “act under the criminal law” and the reformulation of all necessary requirements for weapon use under the law. The paper can be useful for prosecuting authorities, other categories of practitioners, academics and law students.

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