Considerații critice referitoare la unele reglementări și soluții ale jurisprudenței naționale obligatorii în materie penală privind forme de manifestare a pluralității infracționale //Critical considerations regarding some regulations and mandatory national solutions in criminal matters regarding forms of manifestation of the plurality of offences

Abstract

The domain of the plurality of offences has generous regulations in the current Romanian criminal legislation, while there are also constant concerns expressed in this field by the pronouncement of binding decisions from he Constitutional Court or the Supreme Court of Romania. However, it can be observed that the matter in question is far from exhausted legislatively (there are forms of plurality of offences that are not expressly regulated), respectively that well-founded criticism can be formulated regarding some of the solutions / arguments identified, in this sense, in the mA.tory national jurisprudence. The present material aims to prospect / resume, selectively, part of these latter aspects, on the side of which fertile doctrinal discussions can be shaped, either in order to clarify some problems, or in order to notice the existence of others. The importance of the criminal institution of plurality of offences, including the effects produced upon persons capable of being held criminally liable, legitimizes the deepening and clarifying approach regarding some theoretical and practical aspects specific to it, in order to optimize the regulations and to correct some regrettable slippages that appeared in the mA.tory jurisprudence of this area.

Keywords

• plurality of offences
• perfectible criminal legislation
• ma.tory jurisprudence that can be criticized.