Decizia Curții Constituționale a României nr. 81/2021 din 16 februarie 2021 referitoare la excepția de neconstituționalitate a dispozițiilor art. 274 teza a doua raportat la art. 270 alin. (3) din Legea nr. 86/2006 privind Codul vamal al României
Decision no. 81/2021 of the Constitutional Court of Romania of February 16, 2021 regarding the exception of unconstitutionality of the provisions of art. 274 second sentence related to art. 270 para. (3) of Law no. 86/2006 on the Romanian Customs Cod

Summary/Abstract: The act assimilated to smuggling committed together by three or more persons, persons who constituted an organized criminal group, meets the constitutive elements of the crime provided and punished by the provisions of art. 270 para. (3) related to the provisions of art. 274 of Law no. 86/2006, as a concurrent offence with the crime regulated by the provisions of art. 367 of the Criminal Code, so that the existence of an inequity regarding the sanctioning regime applicable cannot be retained if the same act is also committed by three or more persons, but in the conditions of occasional plurality (criminal participation).

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