Analiza unor implicaţii ale reflectării pe plan penal a conceptelor de „domiciliu” şi „reşedinţă” / Analyzing some implications of the Criminal reflection of the concepts of „domicile” and „residence”

Abstract

In the field of criminal law, it is generally accepted that the notions of „domicile” and „residence” (sometimes used expressly, sometimes implicitly) have the ability to receive a specific meaning, of their own, potentially distinct from that by which they are reffered to in other branches of law, by virtue of the conceptual autonomy of the criminal law (which is one of the specific ways of manifesting the autonomous character of this particular branch of law). The present article proposes the prospecting of the analysis of specific implications produced in contemporary Romanian criminal law by the direct or indirect regulation of the domicile / residence, as the case may be, within general institutions (for example, the case of presumption of self defense) or norms of criminalization (for example, the case of the crime of home invasion). The analysis does not seek an exhaustive treatment of the subject, nor an exhaustion of the approached aspects, aiming especially at highlighting more nuanced, controversial or at least debatable issues, related to the problem of specific regulations of the criminal law of the concepts of „domicile” and „residence”, or of some notions derived or related to these, such as „professional headquarter” (the case of incriminating the act of violating the professional headquarter).

Keywords

• criminal law
• domicile / residence
• specific meaning
• implications
• controversial / debatable aspects.