Criminal Law Review Biannual judicial doctrine and case-law publication published by Romanian Association of Penal Sciences and Universul Juridic Publishing House ISSN 2248–0528
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Reflections on the regulation of the multiple offences according to the new Criminal Code

Constantin Duvac




After highlighting the elements of novelty introduced by the legislator in the Criminal Code of 2009, the author attempts to prove that in real terms, formal concurrence of offences would by an assumption of apparent plurality of offences (real unity of crime), aspect which would require a differentiated criminal treatment (a milder one) as compared to the one established for the real concurrence of offences, considering, in particular, the conditions under which the new criminal legislation makes this institution a cause of mandatory aggravation of the criminality.
Additionally, given the large number of special laws containing criminalisation and criminalities, which leads to more frequent cases of concurrence of criminal rules (texts) in the law-enforcement activity, the author explains the content and the assumptions of concurrence of texts, by advocating for its enshrinement and legal discipline, following the model provided by other modern legislation from abroad.