Regarding the previous offence of murder provided by article 176 letter c) of the Romanian Criminal Code – material or criminal significance?
Cu privire la anterioritatea faptei de omor pretinsã de art. 176 lit. c) din Codul penal – accepþiune materialã sau juridicã?

Summary/Abstract: Under the article 176 letter c) of the Romanian Criminal Code, a person who commits murder given that he already committed one, is criminally liable for aggravated murder, no matter if he was convicted for the previous one. Though is still imperative that the court must find in favour of the State and decide to convict that person for committing the previous crime. Over the years, the Criminal Law literature and the judicial practice analyzed this aggravating situation, with reference to retaining it by the courts, when regarding the previous crime intervened other institutions of criminal law, such as amnesty, criminal liability prescription or rehabilitation of the former convict. The author analyzes the nature of the previous murder alleged by the legal text aforementioned, from the perspective of a material offence or with a juridical significance. The Romanian jurisprudence is constant and unanimous in believing that the previous crime should be seen in a material perspective. On the other hand, the Criminal Law literature is not unanimous in taking one perspective into consideration, but divided into two parts. Provided that the previous crime should be understood in a material sense, the institutions of criminal law aforementioned would have no implications whatsoever among retaining the aggravated circumstance by the courts.

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