Autor: Cristian Grigorie
Publicat în: Revista de Științe Juridice nr. 2/2020
Disponibil online: aici.
Theoretical and practical aspects regarding the retention of the aggravative form of the offense of violation of domicile provided by art. 224 par. 2 Criminal Code or state of legitimate defense, in the event of the commitment during the night
Abstract: Recently, a problem of non-unitary practice was identified in cases of not retaining the aggravating form of the crime of home invasion provided by art. 224 para. 2 of the Criminal Code or of the crime of aggravated theft provided by art. 228 para. 1 – 229 para. 1 lit. b Criminal Code in case of committing the act during the night when the darkness does not benefit the perpetrator (for example: in case of committing the crime of theft after leaving the darkness inside the well-lit commercial complexes, open to the public).
In the new criminal code, within art. 19 para. 3, the phrase „during the night” was added, in the conditions in which it will be presumed to be in a state of self-defense who commits the deed to reject the entry of a person in a house, room, outbuilding or fenced place, however, there is a non-unitary practice regarding the assimilation of unauthorized entry into a home with a material, direct, immediate and unfair attack that would justify a defense from the person using the home.
Keywords: home invasion; aggravating form; during the night; self-defense; criminal code
