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The Essential Features of the Offense in the Romanian Criminal Code

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  • Gabriel-Alin Ciocoiu

    (University of Political and Economic European Studies Constantin Stere)

Abstract

This study focuses on the essential features of the offense outlined in the Romanian Criminal Code of 2009, which came into force in 2014. The 2009 legislator preserved the tradition of the Criminal Code of 1968, maintaining the marginal name of “Essential features of the offense,†although these features are sufficient to substantiate a formal definition of the offense. The norm that defines the offense is a true rule of law, not a norm with the character of a simple definition. Consequently, it must be realized in all aspects it provides. The existence of the offense requires the fulfillment of all its essential features, and the lack of any of these features leads to the non-existence of the offense, resulting in the removal of the criminal nature of the act.

Suggested Citation

  • Gabriel-Alin Ciocoiu, 2024. "The Essential Features of the Offense in the Romanian Criminal Code," Scientia Moralitas Conference Proceedings 01305, Research Association for Interdisciplinary Studies.
    • Handle: RePEc:smo:scmowp:01305
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    References listed on IDEAS

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    1. Simona Franguloiu & Nicoleta-Elena Heghes, 2023. "Hate Crimes and Hate Speech: A Comparative Study," Scientia Moralitas Journal, Scientia Moralitas, Research Institute, vol. 8(2), pages 1-12, December.
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