CONCURSUL DE CALIFICĂRI (I)
Concurrence of criminal laws (I)
Author(s): Feșteu Cristina GeorgianaSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Editura Solomon
Keywords: concurrence of Criminal laws; lack of regulation; non bis in idem; interpretation of the law; concurrence of offences; the principle of complete utilization of the fact;
Summary/Abstract: Taking into consideration the fact that both at a national and european level the multiplication of the criminal provisions causes difficulties in solving legal problems, the author seeks an analysis which could clarify the concept and highlight the concerns that may arise in the matter of concurrence of Criminal laws.Furthermore, in the context of the new Criminal Code and its lack of regulation of the institution, the author identifies the main criterias formulated by the legal literature in order to facilitate the interpretation of the criminal provisions. Comparative Law is used as a source of analysis and innovation in presenting two of the categories of concurrence of laws: the alternative and the incompatibile ones.Last but not least, given the fact that the judicial practice confronted directly with specific cases, in which, theoretically, several legal texts apply to the same state of facts, the article offers examples of legal solutions ruled by the national courts
Journal: Penalmente Relevant
- Issue Year: 2016
- Issue No: 1
- Page Range: 67-88
- Page Count: 22
- Language: Romanian