romanian english

Maria Ioana MĂRCULESCU-MICHINICI: Some theoretical considerations regarding the regulation (in the Romanian Criminal Code) of the institution of improper participation

Abstract: Retrieved from the previous criminal encoding in force in Romania (from 1969 until the 1st of February 2014), the institution of improper participation is regulated, in present, by article 52 of the current Romanian Criminal Code. Depicted by the legislature in the same normative forms as before (i.e.: intent - negligence, and intent - lack of guilt), the improper participation is newly complemented with provisions regarding the main form of participation (the co-authorship), existing alongside the traditional forms (in Romanian law) of improper instigation and improper complicity. Into the limits of a summary article (upon this somewhat vast subject), the author merely exposes some theoretical constants, also indicating a few novelties (arising from the legal provisions in force) and some controversial issues in the field of the improper participation.

Keywords: improper co-authorship, improper instigation, improper complicity, act stipulated by the criminal law, intent, negligence, lack of quilt


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