Consecinţele ipotezelor particulare ale erorii de fapt: aberratio ictus, aberratio delicti, error in persona şi aberratio causae
Consequences of the particular hyphoteses of factual error: aberratio ictus, aberratio delicti, error in persona şi aberratio causae
Author(s): Alexandru MatacheSubject(s): Criminal Law
Published by: Editura Solomon
Keywords: natural unit of offense; multiple offences; aberratio ictus; aberratio delicti; error in objecto; error in persona; aberratio causae; mistake of fact;
Summary/Abstract: As a result of its genesys from the constants of the external manifestation of human will, a part of the doctrinehas chosen to include in the concept of natural unit of offense, unregulated in the Romanian legislation, certainparticular assumptions of the mistake of fact on the constituent elements of offense (typicality of offense), under thename of „deviant offense”.The central aim of this study is to establish the fact that the particular hypotheses evoked involve distinct legalsolutions so that they can not generate, as a whole, a unitary form of unit of offense, as well as the fact that, separatelyanalyzed, they do not outline a natural unit of offense or otherwise, the natural unit of offense revealed presents thesame features as a simple offense.Therefore, beyond the identification of the appropriate legal treatment for all the factual situations analyzed,the author pleads for abandoning their inclusion in the structure of a different and independent form of natural unityof offense, as a result of the incompatibility of some of them with the broad concept of unity of offense, or, in other cases,because of the futility of such an approach.
Journal: Penalmente Relevant
- Issue Year: 2017
- Issue No: 1
- Page Range: 78-93
- Page Count: 16
- Language: Romanian