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M.I. MARCULESCU-MICHINICI, M. DUNEA, Where to...? Some current steps on road to criminal law reform in the Romanian justice system (I).

Abstract: The Romanian criminal legislator manifested a constant concern for the institution of the continued offense, regulating it in the former Criminal Code (1968) as well as in the current Criminal Code (2009) - however, according to a somewhat partially different initial vision. Starting from the original legal definition (according to the current Criminal Code), passing through the subsequent interpretative rules with reference to it (provided by the law for implementing the Criminal Code), and arriving to the recent (mandatory) jurisprudence of the Constitutional Court of Romania, the regulation of the continued offense tends to describe a (vicious?) circle – as many other innovative directions outlined by the legislator of the new Criminal Code. This material follows the steps of this becoming (and re-becoming) of the continued offense definition in the contemporary Romanian criminal law

Keywords: continued offense (article 35 par. 1 of the Romanian Criminal Code); the unity of the passive subject / offense committed against the same passive subject; decision no. 368/2017 of the Romanian Constitutional Court; article 238 from the Law no. 187/2012 (the law for implementing the Criminal Code).


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