Considerations Concerning The Complex Characteristics Of Voluntary Manslaughter - Art. 178 (3) Romanian Criminal Code
The 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.
Volume (Year): 10 (2010)
Issue (Month): 1(11) (June)
|Contact details of provider:|| Postal: |
Phone: +40 230 522978
Fax: +40 230 216147
Web page: http://www.seap.usv.ro
More information through EDIRC
When requesting a correction, please mention this item's handle: RePEc:scm:ausvfe:v:10:y:2010:i:1(11):p:272-278. See general 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 you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.