Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Gladchi, GheorgheSubject: search.filters.subject.răspundere penală

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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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    CAUZE CARE ÎNLĂTURĂ CARACTERUL PENAL AL FAPTEI DAR NU SUNT PREVĂZUTE DE LEGEA PENALĂ
    (CEP USM, 2024) Gladchi, Gheorghe
    This paper aims to analyze the causes that remove the criminal nature of an act but are not provided for by our penal law. The introduction of these causes in Chapter III of the current Penal Code is subject to debate in legal literature. These causes include: the victim’s consent, the execution of legal provisions, the fulfillment of an obligation, the causing of harm during sports competitions, the execution of a special mission. Through the conducted study, the conditions necessary for their existence have been established, the common features of the analyzed circumstances and the causes that remove the criminal nature of the act, as provided by law, have been identified. The introduction of the analyzed circumstances in the respective chapter of the present Code is proposed, as these causes only have effects if specifically provided for and under the conditions established by law.