PRACTICAL PROBLEMS RELATED TO THE METHOD OF CALCULATING THE INJURY CAUSED BY THE COMMITMENT OF CUTTING OFFENSES, RESPECTING OF THEFT OF TREES
PRACTICAL PROBLEMS RELATED TO THE METHOD OF CALCULATING THE INJURY CAUSED BY THE COMMITMENT OF CUTTING OFFENSES, RESPECTING OF THEFT OF TREES
Author(s): Costela Dumitrache, Adinan HalilSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Editura Hamangiu S.R.L.
Keywords: theft of trees; illegal logging; value of damage caused; value of stolen wood; factor k; Christmas trees;
Summary/Abstract: The problem that we intend to address in this study and which has received different solutions in practice is establishing the rules to be used by the judiciary to determine the number of damages in theft cases of trees provided by art. 109 of Romanian Law no. 46/2008 and illegal cutting of trees, deed provided by art. 107 of Law no. 46/2008.This aspect is of great importance as the value of the damage is the legislator's criterion to delimit the criminal offense's scope from that of the crime.
Journal: Analele Universității Titu Maiorescu
- Issue Year: XIX/2020
- Issue No: XIX
- Page Range: 138-147
- Page Count: 9
- Language: English