Tâlhăria calificată săvârșită prin violare de domiciliu – infracțiune complexă. Violarea de domiciliu săvârșită, în aceeași împrejurare, în dauna mai multor victime – infracţiune continuată sau simplă?
The qualified abusive robbery committed by trespassing – a complex offence. The traspassing committed under the same circumstances, to the damage of several victims – continued or simple offence?

Summary/Abstract: The qualified robbery provided by art. 234 par. (1) let. f) of the new Criminal Code occludes the trespassing, even if there is a plurality of victims who used the home where the defendant, the author of the robbery, committed the offense to one person only and entered without having a right. If the housing space subject of the criminal protection by the provision of the offense of trespassing, is used by a plurality of victims, the determination of the number of such offenses is conditioned by a judicial assessment of the criminal offense committed by the offender. In the absence of certainty that the defendant was seeking to disturb the quietness of all those persons, only one trespassing offense could be detained, irrespective of the number of tenants.

• Details
• Contents