Autor: Vasile Doană

Publicat în: Analele Universității „Titu Maiorescu”, 2018

Disponibil onlineaici.

Abstract: Starting with 2014, with the entry into force of the New Penal Code, the Romanian judicial authorities initiated penal prosecution and subsequently the prosecution of a series of penal cases, the object of which constituted the act of crimes against humanity, introduced for the first time in the criminal law of our country on 01.02.2014, given that these actions were committed between 1955 and 1989, long before the incrimination itself, in the form presented above. From the study of this crime it can be seen that it is set forth in art. 439 of the Penal Code, in a chapter which also includes the crime of genocide, thus the legislator wishing to show that these two facts represent a distinct category of crimes.
Studying the specialised doctrine, one can find that there is no criminalistics methodology to be followed by the judicial authorities for this category of crimes, and thus there is a risk of their „slippage” in both the criminal investigation stage and in the trial stage (as discussed in this article).Thus, developing a methodology should be done precisely in order to help the judicial bodies that are dealing with such causes.

Keywords: crimes against humanity; genocide; lack of forensic methodology; verification of competence; prescription of criminal liability.