Autor: Constantin SIMA
Publicat în:
Revista Dreptul nr. 1/2019
Revistă disponibilă online:
aici
Reflections on the notion of typicality
Abstract:
The paper aims to bring some clarifications regarding the typicality as an essential feature of the offence, as it is reflected in Article 15 of the Criminal Code. In fact, the paper begins by noticing that the typicality or providing the deed in the criminal law was the first of the essential features of the offence identified by the representatives of the Classical School. At the same time, it notes that, if initially typicality included only the objective requirements of the offence, now it is admitted to have a wider content, including both objective and subjective elements, as well as anti-judiciality elements. Through his study, the author brings some doctrinal explanations about the notion of typicality.
Keywords:
deed provided by the criminal law; offence; typicality; essential features of the offence;