Legal repealing in the incrimination of antisocial acts
Discriminare legislativă în incriminarea unor fapte antisociale

Summary/Abstract: In the evolution of the state's social-economical life or of the causes that determine a person to commit deeds that are incriminated by the criminal law, there is a possibility that the legal authority might appreciate that it's not necessary for a deed to be considered a crime, or it might decide which are the circumstances that determine the lack of criminal nature of the subject's behavior. The paper describes the repealing of criminal deeds as a consequence of the lack of their social danger, based on article 18/1 of the Criminal Code. That leaves the right of making a decision in the hands of the magistrate (prosecutor or judge), giving him power or imperium in this matter. So, in this circumstance, the repealing is determined by the absence of one of the three elements of a crime, namely it's lack of public danger. So the deed is committed with guilt and is incriminated by the criminal code, but it doesn't involve any social danger. The authors analyze articles from special laws that they find to be legally discriminatory in relation with the judicial treatment of the subjects that took part in committing crimes, namely: article 120 from the Forest Code included in Law no. 46/2008, article 46/1 from the Law of hunting and protection of the cynegetic background and article number 10 line 1 thesis III from Law no. 241/2005 regarding the control and prevention of tax dodging. At the end of the paper, the authors indicate the measures that should be taken in order to prevent and eliminate legal repealing.

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