A few considerations on some offences of destruction regulated in special legislation Cover Image
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Câteva consideratii privind unele infractiuni de distrugere reglementate în legislatia specială
A few considerations on some offences of destruction regulated in special legislation

Author(s): Florin Tohatan
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: A few considerations; Law no. 18/1991

Summary/Abstract: Art. 217 of the Romanian criminal code defines the offence of destruction as ”the destroying, degrading or the causing of futility to a good owned by another person, or the hindering of measures to conserve or save such a good, or the removing of such measures”. Currently, there are a series of special criminal laws that have a similar object as art. 217 of the code. The author analyses a notable number of special legislation offences, such as Law no. 244/2002 of vineyard and wine, Law no. 26/1996 (the Forest Code)- modified, the Government’s Ordinance of Urgency no. 195/2002 on the traffic on public roads, Law no. 462/2003 on the protection of archeological sites, Law no. 18/1991 on real estate, Law no. 289/2005 on some measures for the prevention and combating of railroad transport criminality. In relation to Law no. 462/ 2003, the offence defined in this special piece of legislation is one of danger, whereas the criminal code describes an offence of result. Moreover, analyzing the railroad destruction offences, the author emphasizes that the general norm is now the one in art. 276 of the criminal code, not the one in art. 217. In relation to the air code, the author underlines some specific elements of the regulation, such as the autonomous incrimination of acts of preparation to destruction. Finally, the author briefly presents other relevant regulations, such as Law no. 182/2000 on the protection of the national cultural mobile patrimony, Law no. 192/2001 on fishing.

  • Issue Year: II/2006
  • Issue No: 01
  • Page Range: 75-88
  • Page Count: 14
  • Language: Romanian