Concursul de infracţiuni şi infracţiunea continuată în Noul Cod penal. Consecinţele aplicării acestora în cazul infracţiunii prevăzute de art. 90 alin. (1) lit. b) din Legea nr. 84/1998 privind mărcile şi indicaţiile geografice
Concurrent offenses and continuing offence in the new Criminal code. Consequences of their use in case of offenses mentioned by art. 90 par. 1 let. b) of Law no. 84/1998 on trademarks and geographical indications

Summary/Abstract: Once the New Criminal Code entered into force, both the doctrine and the jurisprudence, naturally, experienced a wide range of “challenges”.In terms of sanctioning the concurrent offenses, our criminal legislation adopted the solution of legal merging, that is the court establishes the sentence for each concurrent offence, apart from other offenses and, finally, the application of the most severe one, to which it is added an additional penalty within the limits prescribed by law.In the current Criminal Code, the additional penalty enforcement is no longer optional, and its duration is no longer at the discretion of the court.If prior to the amendment of the Criminal Code, the legal qualification of the offense to which we refer was simpler, in the sense that only the continuing offense was taken into account (when the person committed this offense on different dates based on the same resolution) or only a single offense when the person was discovered only once (even if they had on several products that infringed the rights of different owners), the situation has changed radically. This, in particular, through the modification of the continuing offense which now has to be committed against the same passive subject.

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