Considerations Concerning The Complex Characteristics Of Voluntary Manslaughter - Art. 178 (3) Romanian Criminal Code
AbstractThe legal nature of the offence of voluntary manslaughter committed under the circumstance of driving a vehicle while intoxicated, exceeding the legal limit, regulated by two legal procedures, generates forming and affirming two divergent points of view, in what concerns its legal classification. Therefore, certain authors, in doctrine, and other courts, in practice, appreciate that in such cases, the deeds constitute one single complex offence, stipulated in art. 178 para. 3 Criminal Code, which absorbs the one stipulated in art. 87 para. 1 Government Emergency Order (G.E.O.) no. 195/2002, regarding road traffic. On the contrary, other courts consider that in such cases, the deeds constitute two distinct offences, in a real concurrence. In such circumstances, legal courts actually do not have a unitary point of view regarding the legal classification of the mentioned deed, and the situation given becomes the subject of a recourse in the interest of law, the Supreme Court establishing that in this case it shall be retained one single complex offence of voluntary manslaughter stipulated in art. 178 para. 3 thesis I Criminal Code in which it is absorbed the offence stipulated in art. 87 para. 1 G.E.O. no. 195/2002. Yet, even on the purpose of a correct interpretation and application of the legal provisions and on the unification of the legal practice, the Supreme Court has decided the legal classification of the deed mentioned, there still exist injustices and discordances. Therefore, by analyzing the conditions of application of the legal provisions, my scientific research aims at bringing into light the repercussions at the level of legal practice of concurrent regulations in the situation mentioned and the necessity of the lawmaker’s intervention on the purpose of the correct interpretation and application of legal provisions.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
Bibliographic InfoArticle provided by "Stefan cel Mare" University of Suceava, Romania, Faculty of Economics and Public Administration in its journal The Annals of the "Stefan cel Mare" University of Suceava. Fascicle of The Faculty of Economics and Public Administration.
Volume (Year): 10 (2010)
Issue (Month): 1(11) (June)
complex offence; concurrent offences; voluntary manslaughter; concurrent regulations; repetition of an offence;
You can help add them by filling out this form.
reading list or among the top items on IDEAS.Access and download statisticsgeneral information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Liviu Scutariu).
If references are entirely missing, you can add them using this form.