THE SPECIFIC FEATURES OF THE ATTEMPT IN THE CASE OF THE COMPLEX OFFENCE
THE SPECIFIC FEATURES OF THE ATTEMPT IN THE CASE OF THE COMPLEX OFFENCE
Author(s): Anca-Iulia StoianSubject(s): Law, Constitution, Jurisprudence, Essay|Book Review |Scientific Life
Published by: Editura Universitatii Petrol-Gaze din Ploiesti
Keywords: attempt; consummation; accomplishment of the result; guilt
Summary/Abstract: The complex offence is a creation of a legislator who decides to include in the content of an offence, one or more actions or inactions that are distinctly incriminated. In the absence of such a specific intervention of the legislator to set up the complex offence, the provisions concerning the set of offences would have been applicable when the content of two or more offences had been established. In order to differentiate this form of legal unity of the offence from the set of offences, the Romanian legislator decided to explicitly regulate the concept of complex offence in the chapter on the plurality of offences. The attempt in the case of any offence can only be analyzed in the light of provisions of Articles 32 and 33 of the Criminal Code, this fact being valid also for the attempted complex offence. Besides these general features, the attempt of the complex offence has some specific features that we will try to analyze.
Journal: Jurnalul de Drept si Stiinte Administrative
- Issue Year: 1/2017
- Issue No: 7
- Page Range: 119-125
- Page Count: 7
- Language: English