Competenta materială a instantelor judecătoresti determinarea competentei materiale în raport de clasificarea infracłiunilor în crime si delicte. Cont
The material competence of judicial courts. Determining the material competence in relation with the classification of offences in crimes and delicts.

Summary/Abstract: The categorization of offences in crimes and delicts pleads for the necessity of a criminal- process approach of material competence in relation with these new forms. Starting from this viewpoint, the author defines and draws up the boundaries of material competence in relation with the two known methods, the abstract determination and the concrete determination, under the criterion of the matter of penal litigation. In addition, the author presents the viewpoints that govern the field of material competence- the legal conception, where every offence has a corresponding determined jurisdiction, and the judicial conception, where the materially competent court is determined by the magistrates that admit the criminal prosecution. The bipartite division in the new Penal Code will impose a symmetrical procedural division in what concerns the courts’ competence. The author demonstrates that the fundamental leading principle will be the one of assigning offences in the first court competence of two judicial instances: the Law Court, for delicts, and the Tribunal, for crimes. However, this principle will not be absolute, as the legislator will surely provide derogations which will impose the special competence of tribunals in the matter of grave delicts, and of courts of appeal, in the matter of very grave crimes. Apparently, the Romanian legislator has adopted the theory of qualitative competence determined by the nature of the offence, but, taking into account the delineation criterion imposed by art. 3 of the new penal code, the criterion upheld is still the one of the type or gravity of the infraction. In view of the in abstracto qualification of offences- the qualification given by the law through the denomination of crime or delict, and through legal punishmentthe author shows that this criterion is not sufficient. This is so because, for example, in the matter of attempt or of aggravating legal circumstances, the consideration of the legal punishment will determine the transfer from the crimes category into the one of delicts , or vice versa, with the consequence of modifying ordinary material competence. In the author’s opinion, this hypothesis will lead to unacceptable situations in what concerns the determination of material competence. Finally, the author presents the material competence of judicial instances, as provided by the Criminal Proceedings Code, in consideration of the latest legislative amendments in the field. Until the adoption of the new Penal Code, and the corresponding modification of the Criminal Proceedings Code, the field of material competence remains governed by existing norms.

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