Tentativa la infracţiunile omisive
The attempt in crimes omission

Summary/Abstract: In the Romanian doctrine, the prevailing opinion is that in the case of the offence of self omission the attempt is not possible. Some offences of omission suppose the obligation of an immediate acting, while other suppose the obligation of acting within a determined period of time, precisely stipulated by the law. The offence of omission is done immediately after the moment or term when the subject was supposed to act. According to art. 20 of the Penal Code, attempt means putting into execution of the decision of committing the offence, execution that was interrupted or did not produce its effect. If the obligation imposed by the law must be immediately executed, the offence is consumed by the simple abstention of the agent, and if the order must be executed until a determined time limit, the agent may, at any time until the end of that limit, to obey the norm. Consequently, his abstention during that whole period of time cannot be considered as an act

• Details
• Contents