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Mihai DUNEA: Comments on the impact caused by the Government Emergency Ordinance n. 18/2016 upon some general criminal law institutions

Abstract: This article addresses a topical issue in the field of current Romanian criminal law, namely the issue of the impact produced on some general criminal law institutions by the entry into force (of recent date - May 23, 2016) of the provisions of the Government Emergency Ordinance no. 18/2016, containing provisions amending and supplementing both the Criminal Code and the Criminal Procedure Code. Directly or indirectly, these provisions may be linked (among others) with certain general criminal law institutions, such as: some of the causes of removal of criminal liability (prescription of criminal liability and reconciliation, namely the conclusion of a mediation agreement regarding the criminal side of some criminal case); the problem of criminal liability of legal entities and the specific sanctioning regime of under-aged offenders, in conjunction with the general issue of the relationship between the concepts of special limits and general limits of certain categories of criminal law sanctions; the existence of a legal unity of offence (in the form of the complex offence) or the existence of a plurality of offences (in the form of ideal concurrence of offences), in relation to the interaction of certain specified offenses; the specific legal nature that can be / should be attributed to some special provisions describing offences newly introduced in the Special Part of the Criminal Code; the correlation or lack of correlation between some substantial criminal provisions and some procedural criminal provisions, regarding the functioning of certain institutions with dual legal nature (both substantial and procedural one). The author outlines a critical analysis on these topics, revealing his opinion about the positive aspects, as well as those still perfectible, of the changes made by the criminal legislator (delegate legislator), issuing even some proposals of improving the law, considering the point at which the legislature itself shall decide on the approval or rejection (with or without modification) of the emergency ordinance in question

Keywords: Government Emergency Ordinance no. 18/2016; Romanian Criminal Code; Romanian Code of Criminal Procedure; amendments and additions; prescription of criminal liability; reconciliation; general limits and special limits of certain categories of criminal law sanctions; the complex offense; ideal concurrence of offenses; sexual intercourse with a minor; incest; family member; relative in direct line, brother or sister; crimes against the patrimony with extremely serious consequences; legal nature; inconsistencies between the substantial criminal legislation and the criminal procedural legislation in regard to the institution of cancelling the renunciation or the postponement of applying the penalty.


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