The Continued Form of Some Crimes Against Property. Theoretical and Practical Aspects Through the New Criminal Code

Author:Mihaela Rotaru
Position:1Assistant Professor, PhD, 'Alexandru Ioan Cuza' Police Academy, Bucharest, Romania
Pages:95-99
SUMMARY

In the present study I undertake an analysis of legal regulations and solutions delivered by the courts for crimes against property, who were committed in a continued form. The starting point in developing the study was the definition of the continued offense, contained in the Criminal Code in force and to which some changes have been made in the new Criminal Code, and the opinions existing in... (see full summary)

 
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Legal Sciences
95
The Continued Form of Some Crimes Against Property. Theoretical and
Practical Aspects Through the New Criminal Code
Mihaela Rotaru
1
Abstract: In the present study I undertake an analysis of legal r egulations and solutions delivered by the
courts for crimes against property, who were committed in a continued form. The starting point in developing
the study w as the definition of the continued offense, contained in the Criminal Code in force and to which
some changes have b een made in the new Criminal Code, and the opinions existing in the criminal literature
regarding this concept. Using case study, I have analyzed the solutions delivered by the courts of different
levels and I found out that t here were given different solutions to situations alik e because of the lac k of one
important item from the definition of the continued offense, item that has been introduced in the new
Criminal Code. This paper is of interest both for theorists and for practitioners in criminal law because it is a
useful tool in the analysis of the regulations contained in the new Criminal Code relative to the continued
offense.
Keywords: repeated acts; offences in contest; passive subject
1. Introduction
The new Criminal Code contains several provisions some of which represent a novelty, such as
defining the crime committed by omission, according to Art. 17, while others are designed to improve
the way in which institutions established in the Romanian criminal law are regulated in the law in
question. Illustrative in this respect is the definition of the continued offense, provided in Art. 35.
Paragraph (1) of the new Criminal Code.
In the existing Criminal Code it is found the definition of the continued offense in Art. 41 paragraph
(1), but based on thi s definition the courts of various degrees have offered distinct solutions to similar
situations because of currently missing from the definition of a very important element whose
presence would clarify the situation.
Thus, the legislator of the new Criminal Code took into account of the issues raised over time in
theory and in legal practice and completed the definition of the continued offense by adding a
provision relative to the uniqueness of the passive subject.
2. The Analysis of the Continued Form of Some Offenses Against Property
2.1. The Definition of the Continued Offense
The continued offense, along with the complex offense, the progressive offense and the offense
committed by habit is a form of the legal unit of crime. As stipulated in Art. 41 para. (1) of the
Criminal Code in force “in the case o f the continued offense and of the complex offense we can not
talk about the existence of crime plurality”.
1
Assistant Professor, PhD, “Alexandru Ioan Cuza” P olice Academy, Bucharest, Romania. Address: 1A Privighetorilor Street,
014031, Romania, tel: +Phone: +4021.371.5523, Corresponding author: mihaela.rotaru@academiadepolitie.ro.

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