CONCEALING, AIDING AND ABETTING PERPETRATORS, AND FAILURE TO REPORT OFFENSES. LEGAL PROROGATION OF COMPETENCE OF JURISDICTION. SUBSTANTIVE COMPETENCE OF JURISDICTION. COMPETENCE OF JURISDICTION BASED ON THE CAPACITY OF THE PERSON. CONDITIONS.
CONCEALING, AIDING AND ABETTING PERPETRATORS, AND FAILURE TO REPORT OFFENSES. LEGAL PROROGATION OF COMPETENCE OF JURISDICTION. SUBSTANTIVE COMPETENCE OF JURISDICTION. COMPETENCE OF JURISDICTION BASED ON THE CAPACITY OF THE PERSON. CONDITIONS.

Summary/Abstract: According to Article 44, par. 3 of the Code of Criminal Procedure, in the case of the offenses of concealing, aiding and abetting perpetrators, and failure to report offenses, the prorogation of competence of jurisdiction based on the matter of law, respectively the prorogation of competence of jurisdiction based on the capacity of the person operates in special conditions. The conclusion of this analytical approach is in the sense that the prorogation of competence of jurisdiction operates in favor of the competent court to judge the offense it refers to, independent from the concurrence of cases, while the prorogation of competence of jurisdiction based on the capacity of the person operates regarding the cases having as their subject the offenses of concealing, aiding and abetting perpetrators, and failure to report offenses only in the situations in which there is an effective concurrence of cases.

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