Lege Ferenda Suggestions in Case of Diverted Offense

Lecturer Ph.D. Calina Andreea Munteanu
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Lecturer Ph.D. Calina Andreea Munteanu: Lecturer Ph.D., Law Faculty, “Petre Andrei” University, Iasi, Romania

Conferinta Stiintifica Internationala Logos Universalitate Mentalitate Educatie Noutate - Lumen International Scientific Conference Logos Universality Mentality Education Novelty, 2011, vol. 1, 115

Abstract: The author of the article pursues the evolution of the solutions suggested by the criminal doctrine and by the judicial practice in case the diverted offense occurs, in either of its forms: error in persona and aberratio ictus. Both the penal code in effect as well as the new penal code adopted by Law 286/2009 do not stipulate any express provision that would establish a solution applicable in case of the diverted offense, leaving this concern to the judicial doctrine and jurisprudence, which hasn’t yet identified any unitary solution in case of the two forms that the deviated offense may take. In these circumstances, the author believes that the introduction of a new article, besides the one that refers to plurality of crimes, that would acknowledge the fact that "more offenses are committed even when, by error regarding the identity of the victim or by diverting the action, a person other than the one against whom the act was directed is injured or murdered” is mandatory

Keywords: deviated offense; judicial practice; criminal doctrine; lege ferenda. suggestions (search for similar items in EconPapers)
JEL-codes: A23 K1 (search for similar items in EconPapers)
Date: 2011
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