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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.

 


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