The Essential Features of the Offense in the Romanian Criminal Code
The Essential Features of the Offense in the Romanian Criminal Code

Author(s): Gabriel-Alin Ciocoiu
Subject(s): Criminal Law, International Law
Published by: Scientia Moralitas Research Institute
Keywords: deed; illegal deed; offense; essential features; criminal nature of the deed;
Summary/Abstract: This study focuses on the essential features of the offense outlined in the Romanian Criminal Code of 2009, which came into force in 2014. The 2009 legislator preserved the tradition of the Criminal Code of 1968, maintaining the marginal name of “Essential features of the offense,” although these features are sufficient to substantiate a formal definition of the offense. The norm that defines the offense is a true rule of law, not a norm with the character of a simple definition. Consequently, it must be realized in all aspects it provides. The existence of the offense requires the fulfillment of all its essential features, and the lack of any of these features leads to the non-existence of the offense, resulting in the removal of the criminal nature of the act.

• Details
• Contents