Observații privind săvârșirea infracțiunii de către o persoană care a profitat de situația prilejuită de calamintate, starea de urgență sau starea de asediu
Observations On The Commission Of The Offence By A Person Who Took Advantage Of The Situation Arising From The State Of Emergency, The State Of Emergency Or The State Of Siege

Author(s): Victor Andrei Cărcăle
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Universul Juridic
Keywords: criminal implications; state of emergency or curfew;
Summary/Abstract: The views expressed below are intended to contribute to clarifying the problem of the commission of an offence by a person who has taken advantage of the situation arising from the state of emergency, state of emergency or state of siege (Article 77(g) of the Criminal Code), which gives rise to conceptual, theoretical and practical difficulties in the current context. This is why, in the following pages, we will point out that the legally qualified aggravating circumstances are, as is well known, of two kinds: general, provided for in the general part of the Criminal Code, and special, provided for in the special part about certain offences. In support of this idea, we point out that in judicial practice the question has arisen as to whether, if a person commits a theft with a sanitary mask on his face, the aggravating form of the offence will apply to him on conviction? In conclusion, we maintain that the legislator has considered that, not only in the case of certain offences but in general, whatever the offence committed, if the perpetrator has committed it by taking advantage of the state of emergency or curfew, this must be considered an aggravating circumstance.

• Details
• Contents