A SOLUȚIONAT DECIZIA DE RECURS ÎN INTERESUL LEGII DILEMA CONCURSULUI IDEAL DE INFRACȚIUNI?

Abstract

The aim of this study is to understand whether the issue of the qualification of concurring criminal deeds, which by definition forms an ideal concurrence of offenses, has been irreversibly solved by the Supreme Court by the decision on appeal in the interest of the law, following that the other courts will only have to comply with and apply correctly and uniformly the relevant legislation thereto. Equally, the study will focus on whether the principles applied in the case solved by the Decision of the Supreme Court of Justice of 17.12.2020 remain incidental exclusively to the situation of concurrence between the offenses provided for by art. 145, 151 or 152 of the Criminal Code, on the one hand, and the offense provided for by art. 287 of the Criminal Code, on the other hand, by using the analogy method that could be applied to other similar situations in which the problem of the ideal concurrence of offenses is addressed from the perspective of overlapping actions / inactions as components of the objective aspect of different offenses?