romanian english

Mihai DUNEA: Applying the theory of ubiquity in identifying the place of the crime ...

Abstract: Regarding the application of the criminal law in space, a first issue that must be elucidated in order to determine the applicable principle (which will indicate the possibility of retaining the impact of a national criminal law in resolving a criminal conflict) is to identify the place where the crime was committed. In criminal law theory there are several theories formulated, over time, on this issue. Amongst these, the contemporary Romanian criminal legislator opted for the theory of ubiquity, which tends to confer a very wide sphere of competence for the application of the Romanian criminal law in space. Of course, the current development of information technology and the Internet, reflected also in the growing number of criminal acts that are committed / can be committed online, raises new, modern challenges to the application of this theory, developed in a completely different era of development of social relations and of the related legal field. In this article we aim to address some of the problems involved in adapting the theory of ubiquity  (in the field of space application of the criminal law) to the new computer / online realities..

Key words: online criminality, internet, criminal law, identification of the place where the virtual crime was committed, the ubicuity theory.

 


Faculty of Law
.

B-dul Carol I nr. 11, cod 700506, IAŞI
Secretariat full-time learning:
+40 232 201058
+40 232 201158
Fax: +40 232 201858
Secretariat distance learning:
+40 232 201272
Fax: +40 232 201872


Copyright Faculty of Law, IAŞI , 2024
The server generated the answer in 0.0816 sec.
292087348