Consideratii privind infractiunea complexa in Codul penal in vigoare [Some considerations regarding the complex criminal offence in the present penal code]

Although at first sight it seems that dealing with defining the complex criminal offence is useless taking into account the regulation stated by art.41, par.2, from the Penal Code, it is easy to notice that the issue of defining this type of criminal offence has not entirely been clarified, either from a legislative point of view or from a doctinaire one. A series of different opinions have occured regarding the defining of the complex criminal offence. Foreseeing the present regulation, the complex criminal offence has been defined as a judicial result from two or more offences. From a different view, it has been considered that an offence is complex if it contains, essentially or accidentally, another offence, either naturally or by the legislator’s will. As a consequence, it can easily be deduced that the issue of defining the complex criminal offence hasn’t been an easy task. At present, even though it has legally been regulated, the complex criminal offence offers a large spectrum for discussions and interpretations. These discussions derive from the text of the art. 41, par.3, Penal Code, which uses a series of terms either not correctly or too general. In the legislator’s opinion,the criminal offence is complex when it contains, as an element of agravating circumstances, a deed or a nondeed which constitutes by itself an action stipulated by the penal law.