APPROACHES ON THE LEGAL NATURE OF THE OFFENSE PROVIDED BY ARTICLE 200 FROM THE NEW ROMANIAN CRIMINAL CODE: MURDER OR INJURY OF THE NEWBORN COMMITED BY THE MOTHER

Mihai Dunea ()
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Mihai Dunea: Alexandru Ioan Cuza University, Faculty of Law, mihai.dunea@uaic.ro, Iasi, Romania,

Journal of Public Administration, Finance and Law, 2014, vol. s1, issue Special issue 1, 112-126

Abstract: The current article approaches the issue of the judicial classifying specific to the criminality norm provided by art. 200 of the New Romanian Criminal Code, analyzing the options and following the consequences, produced by adopting each one of these, in correlation to some institutions regulated in the general section of the Criminal Code, that is the participation or the prescription. The analyzed criminality norm gives expression, without any doubt, to a manifestation of mitigating type in the criminal policy of the current Romanian lawmaker, comparing the incrimination norms from which it derives, that is murder, respectively the basic crimes against the body integrity or of the physical health of a person. However, there are many ways and means available to the lawmaker, in which it is possible to express this mitigating tendency and each one of these determines a different impact on some general institutions of the Criminal Law, which this current article analyzes by means of particularization to the hypothesis of the incrimination of murder or injury of the newborn, committed by the mother.

Keywords: art.200 Romanian Criminal Law; the infanticide or the injury of the newborn by the mother; mitigation; judicial nature; implications on some general institutions of the Romanian Criminal Law (search for similar items in EconPapers)
Date: 2014
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Persistent link: https://EconPapers.repec.org/RePEc:aic:jopafl:y:2014:v:s1:p:112-126

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