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 (III)

Abstract: This article is the third 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 two parts of this article were published in the previous issues of the journal. In the present part, the author has sought to capture the legal effects caused by the error of law (error juris) 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.

Key words: impunity; lack of denunciation; crimes against state security; Romanian Penal Code of 1968; new Romanian Penal Code of 2009; law error (error juris) on personal quality.


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