Infractiuni prevăzute de legea nr. 39/2003 privind criminalitatea organizată. delimitări fałă de asocierea în vederea săvârsirii de infractiuni
Offences in the organized crime law. Delimitations from the offence of association with the purpose of commiting criminal acts

Summary/Abstract: In the international context of battling organized crime, in 2003, the Romanian legislator adopted Law no.39 concerning the prevention and combating of organized crime. This act came as a consequence of international commitments assumed through the ratification of the United Nations Convention against Transnational Organized Crime, New York, October 15th 2000. The study maintains that the delineation between the new infractions brought up by Law no. 39 and the ones already in existence in the Penal Code is very difficult to find in concrete. Accordingly, the distinctions made between the notions of “organized criminal group” and ”association with the purpose of committing criminal acts” do not necessarily amount to a substantive differentiation among the two. The delimitation criteria proposed by the new law are either excessively formal (e.g. the number of persons joining an organized group), or too generous (e.g. the type of offence that represents the purpose of forming such a group) to allow for a successful distinction. Criticizing the present form of Law no.39, the analysis focuses on the corresponding pieces of legislation in European law, emphasizing the more accurate nature of these regulations and suggesting their potential use as paradigms for a future amendment of the Romanian law. The author concludes that Law no.39 does not bring anything new to the already existent criminal legislation, thus acquiring an unfortunate superfluous attribute.

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