Caracterizarea conceptului de infracțiune continuată din perspectiva jurisprudenței C.E.D.O. Schimbarea încadrării juridice în cazul infracțiunii continuate

Autor: Leontin CORAȘ
Publicat în: Revista Dreptul nr. 4/2019
Revistă disponibilă online: aici
Characterization of the concept of continued offence from the perspective of E.C.H.R. case law. Change of the legal classification in the case of continued offence
Abstract: The article presents the continued offence from the perspective of the Decision No 368/2017 of C.C.R., presenting the history of the concept of continued offence and the elements characterizing this concept from the perspective of E.C.H.R. After an analysis of the opinions expressed, referring to the change in the legal classification of the continued offence, it is concluded that the change of the legal classification is required when one or more material acts were wrongfully included in the legal unit, although these constitute distinct offences, which are in concurrence, in intermediate plurality or in a state of recidivism with material acts that constitute continued offence. In case that, for one or more material acts, there is a case that prevents the exercise of criminal action, we consider that it is not necessary to change the legal classification, being sufficient that, by a minute, to order the acquittal or the termination of the criminal trial, and for the other material acts that continue to be a continued offence to have a solution of conviction, the postponement of application of punishment or renunciation to apply the punishment.
Keywords: continued offence; changing the legal classification; non bis in idem; the favourable external situation;