Despre posibilitatea de a reține în sarcina aceluiași inculpat, în concurs real, infracțiunile de contrabandă calificată, prevăzută de art. 270 alin. (1) și (3) și art. 274 din Legea nr. 86/2006
Concerning the possibility of charging the same defendant for multiple offences, as the offence of qualified smuggling, provided by art. 270 para. (1) and (3) and art. 274 of the Law no. 86/2006

Summary/Abstract: The possibilty of charging for multiple offences of the same defendant, as the offence of qualified smuggling, provided by art. 270 para. (1) and (3) and art. 274 of the Law no. 86/2006, and the establishment of an organized criminal group, provided by the art. 367 para. (1), (2), (3) and (6) of the Criminal Code, when the members of the criminal group are the same as the participants in the qualified smuggling offense. Clarifying the contribution of each of the defendants and the complete establishment of the factual situation is conditioned by the identifying of the normative modalities that configure the pattern of the crime, by establishing an organized criminal group and/or those that are subordinated to the smuggling crime committed by two or more persons. Only as a result of this action, which is returned to the notified court for judging on the merits, can it be established whether, as regards the pending case, the conditions for retaining both art. 274 of the Law no. 86/2006, as well as art. 367 of the Criminal Code, are accomplished.

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