romanian english

Mihai DUNEA: The quality of spouse or close relative as an impunity case in Romanian criminal law, with special regard for the crimes against state's security (II)

Abstract: This article is the second part of the study on impunity arising – in Romanian criminal law – from the quality of spouse or close relative (de lege lata), or from the quality of family member (de lege ferenda), between the offender who does not denounce a crime against state security and the perpetrator of that particular crime, study conducted in a comparative manner with regard on the Romanian Penal Code of 1968 and the new Romanian Penal Code of 2009. The first part of this article was published in the previous issue of the journal, and the final part, on the effects of error of law (error juris) on the issue investigated, will be published in the next number. In the present part, the author has sought to capture the legal effects caused by  the  error  of  fact  (error  facti)  in  regard  with  the  personal  quality  which determines the impunity for the crime subjected to the analysis. As a result, there were taken into account both normal hypotheses of error (error in the natural and normal sense of the term) and “reverse error” (error in a reversed sense), being taken into regard and argued the most appropriate solutions to  the delineated situations.

Keywords: impunity; lack of denunciation; crimes against state security; Romanian Penal Code of 1968; new Romanian Penal Code of 2009; factual error (error facti) on a personal quality of an individual.


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