Unitatea legală de infracţiune. Justificare teoretică şi practică. Capitolul I. Conceptul de unitate legală de infracţiune
Legal unity of offence. Theoretical and practical justification. Chapter I. The concept of legal unity of offence

Summary/Abstract: In this chapter we find analysed the types of legal offence unity, making a brief presentation of the existing definitions in the doctrine regarding these, and then analyses the features of the rules that regulate the types of legal offence unity. From their analysis we conclude that the rules regulating the legal offence unity does not have an independent character, they cannot be applied independently as the incriminating rules, but they have a secondary character, derived, complementary, being applied in connection with the incriminating rules. The opinion expressed in the Romanian doctrine is suggestive, because the character of legal offence unity results from the rule of complex incrimination, the legislator may be absolved of defining the complex offence in the general part of the Criminal Code. Then, it is presented in opposition - the natural unity and the legal unity of the offence, some pertinent solutions being motivated also with judicial practice in this matter. In the last section of this chapter is presented the legal unity and the concurrence of offences, being enumerated the criteria of difference between the two judicial institutions, but also between the forms of legal unity and the concurrence of offences.

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