The Non-compliance of the Nuclear Materials or other Radioactive Matters Regime. The Constitutive Content of the Crime

• Author: Ion Rusu
• Position: Associate Professor, PhD, 'George Bacovia' University of Bacau, Romania
• Pages: 13-23

JURIDICA

13

The Non-compliance of the Nuclear

Materials or other Radioactive Matters

Regime. The Constitutive Content of the

Crime

Ion RUSU1

Abstract: In this paper we have examined the constitutive content of the crime content provided in

article 345 of the Criminal Code, and the differences between the current regulation and the one

existing in the old law. This comparative examination p resents the importance in identifying and

applying a more favorable criminal law. The work is useful to judicial authorities specialized in

preventing and combating crime of this kind, for Romanian or foreign physical and legal enti ties, as

well as for academics. The innovations consist in examining the objective and subjective side of the

offense, with reference to the existing doctrine and practice, with the new changes introduced by the

new law and the comparative examination with the old law.

Keywords: the objective side; the subjective side; comparative analysis; more favorable criminal law

1. Introduction

The incrimination of the non-compliance act of the regime of nuclear material and

other radioactive matters in the Romanian law2 was determined on the one hand by

the developments of international crime in the area, with direct effects on the

Romanian territory, and on the other hand the need to respect the obligations

imposed by ratifying the Convention on the Physical Protection of Nuclear

Material, signed at Vienna on 3 March 1980, and the Convention on Nuclear

Safety, adopted at Vienna on 17 July 1994.3

1 Associate Professor, PhD, “George Bacovia” University of Bacau , Romania, Address: 157 Calea

Marasesti, 600164 Bacau, Romania, Tel.: +4034116448, Fax: +4034116448. Corresponding author:

av.ionrusu@yahoo.com.

2 The o ffense is examined in detail in the paper “Explicaţii preliminare ale noului Cod

penal/Preliminary Explanations of th e new Criminal Code” which will be released by Universul

Juridic Publishing, in 2015, signed by the same author.

3 The convention on the Physical Protection of Nuclear materials was ratified by Romania b y Law no.

78 of 8 November 1993, published in the Official Monitor of Romania, P art I, no. 265 of 15

November 1993 and the Convention on Nuclear Safety was ratified by Romania by Law no. 43/1995,

published in the Official Monitor of Romania, Part I, no. 104 of 29 May 1995.

AUDJ, vol. 11, no. 1/2015, pp. 13-23