CONSIDERATIONS CONCERNING THE COMPLEX CHARACTERISTICS OF VOLUNTARY MANSLAUGHTER - ART. 178 (3) ROMANIAN CRIMINAL CODE

Ana Pirlac ()
Additional contact information
Ana Pirlac: University “Stefan cel Mare” Suceava, Romania, Faculty of Economic Sciences and Public Administration

The Annals of the "Stefan cel Mare" University of Suceava. Fascicle of The Faculty of Economics and Public Administration, 2010, vol. 10, issue 1(11), 272-278

Abstract: 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.

Keywords: complex offence; concurrent offences; voluntary manslaughter; concurrent regulations; repetition of an offence (search for similar items in EconPapers)
Date: 2010
References: Add references at CitEc
Citations:

Downloads: (external link)
http://www.seap.usv.ro/annals/arhiva/ANNALS%20VOL. ... ,2010%20fulltext.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:scm:ausvfe:v:10:y:2010:i:1(11):p:272-278

Access Statistics for this article

The Annals of the "Stefan cel Mare" University of Suceava. Fascicle of The Faculty of Economics and Public Administration is currently edited by Editura Universitatii Stefan cel Mare din Suceava

More articles in The Annals of the "Stefan cel Mare" University of Suceava. Fascicle of The Faculty of Economics and Public Administration from "Stefan cel Mare" University of Suceava, Romania, Faculty of Economics and Public Administration Contact information at EDIRC.
Bibliographic data for series maintained by Liviu Scutariu ().