Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Gladchi, GheorgheSubject: search.filters.subject.criminal liability

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    LIBERAREA DE RĂSPUNDERE PENALĂ ÎN LEGĂTURĂ CU RENUNȚAREA DE BUNĂ VOIE LA SĂVÂRȘIREA INFRACȚIUNII
    (CEP USM, 2024-11-07) Gladchi, Gheorghe
    The issue of the legal nature and effects produced by voluntary abandonment of committing a crime is controversial and has occasioned different opinions in modern criminal science. The current Criminal Code recognizes voluntary abandonment of committing a crime as a way of releasing from criminal liability. This paper analyzes the main viewpoints from legal literature as well as from the legislator regarding the definition of the concept of voluntary abandonment of committing a crime and establishes its legal nature. In this context, the conditions that must be met for the existence of voluntary abandonment of committing a crime are established, and the considerations taken into account by our legislator in the case of regulating voluntary abandonment of committing a crime are specified. The manifestation of voluntary abandonment is analyzed both during the preparation acts and the attempt of the crime, including in the case of interrupted attempt and consummated attempt. Special attention is given to the liability of participants in the case of their voluntary abandonment. According to the author, voluntary abandonment of committing a crime cannot be considered a way of releasing from criminal liability because, by its legal nature, it differs from the institution of release from criminal liability. Unlike other ways of releasing from criminal liability, voluntary abandonment of committing a crime is a circumstance that excludes criminal liability for the crime that was not completed due to the perpetrator’s voluntary abandonment.
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    EROAREA ȘI IMPORTANȚA EI ÎN DREPTUL PENAL
    (CEP USM, 2024) Gladchi, Gheorghe
    The problem of the classification of the crime and criminal liability in the case of the perpetrator's error is controversial and has given rise to the expression of different opinions in the specialized literature. The concept of error is under these conditions a concept loaded with novelty and overwhelmed by multiple perspectives that its treatment can offer. The error is not regulated by our criminal law, therefore the attribute of defining the error and developing the rules regarding its influence on the form of guilt and criminal liability belongs to the science of criminal law. There are multiple attempts by the doctrine to define this notion, including the notions of error of law and error of fact. The paper analyzes the main points of view from the legal literature regarding the definition and explanation of the notions of error, error of law and error of fact. In this order of ideas, the main features of the error of law and the error of fact are highlighted. Classification criteria and various classifications of error are appreciated. The influence of the legal and factual error modalities on the legal assessment of the committed deed, the classification of the crime and criminal liability is analyzed. A special look is given to the establishment of the rules for the qualification of crimes in the case of the modalities of the factual error: the error in the object of the crime, the error in the nature of the action or inaction, the error in the prejudicial consequences, the error in the causal link, the error in the circumstances that aggravate the liability, etc. It is proposed to introduce into the current Criminal Code a rule that would stablish the signs of legal and factual error,as well as the rules of ualification in case of their existence.