THE CONCEPT OF OFFENSE IN THE NEW CRIMINAL CODE

As an important part of the general theory of crime, the concept of “crime” and generatescontinuously generated controversial discussions in the literature reflected differently incriminal law. The new Romanian Criminal Code, although deemed necessary legal definitionof the offense by listing its essential features, devotes a formally defined, giving the idea thatcrime is the fact that social threat

THE OFFENSEN FACTORS

The study discusses the offense conduct external factors act on the subject, subjects, time and place of theoffense. As the name indicates, pre-existing conditions are at the time of execution of the deed prior acts, whichconstitute the offense, fulfill the conditions required by the rules incriminating

Reflections on the Types of Second Offence of the Physical Person in the Conception of the New Criminal Code

In the context of the new legislative changes interfered in matter of the second offence, regulated in the current Criminal Code in the stipulations of art. 37-39; art. 402, but also by the new Criminal Code in the stipulations of art. 41-43; art. 146 we identify the theoretical-practical sizes of this juridical-criminal category. The study is determined by the necessity to improve the national legislation regarding the regulation of the second offence in the conditions of the existent tendencies in the international criminal policy and in the activity of combating the phenomenon of the second offence in other countries. The stipulations of the Romanian Criminal Code, regarding the second offence, should be improved by clearly specifying the ways of the second offence, the materialization of the existence conditions of the second offence, not only for the natural person, but also for the juridical entity, of the individualization of the punishment in case of second offence, as there are cases generating difficulties in the judicial practice.New Criminal Code, legal second offence, second offence status, ways of second offence, terms of second offence, recidivist offender, recidivism.

Research and Science Today No. 1(7)/2014

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