Modalitățile și principiile calificării infracțiunilor

Abstract

The subject of the present scientific demarche is the identification and elucidation of the methods and principles of offense qualification, according to a specific rule from criminal law. Inter alia, was decided that the formal qualification is made in connection with a concrete criminal case and it is compulsory compared to the unofficial qualifications which is not made in connection with a concrete criminal case and it is not compulsory although it may contribute to the formal qualifiation making. It was argued that the qualification will not be considered full, if the ofender’s actions were framed only under article not under paragraph of the Special Part of the Criminal Code (in the case of article formed only of paragraphs) or just under article and paragraph not under the letter (in the case of article formed of paragraphs and letters).

Keywords

• egalitate în fața legii
• Codul penal
• aplicarea pedepsei
• faptă săvârșită.