Acta Universitatis Danubius. Juridica, Vol 9, No 2 (2013)

The Sanctioning Treatment of Criminal Participation by Inactivity

Lucian - Mihai Gaiu


The objective of the present research consist of analyzing the depositions governing the institution of criminal participation by inactivity in terms of the regulations contained in the current Criminal Code, with some references to doctrine and jurisprudence. The research also refers to some aspects of comparative law regarding the institution of the mediated perpetrator adopted by some European countries. The essential contribution of the research is a critical examination of the current legal provisions, presenting different views of the doctrine and cases of the actual legal practice. Also, there are highlighted some proposals for amending and supplementing the law, in line with the general tendency of development of the criminal law science. The paper may be useful to both theorists and practitioners in the field, presenting interest for those that wish to improve their knowledge in this field.



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