Caracterizarea conceptului de infracţiune continuată din perspectiva jurisprudenţei C.E.D.O. Schimbarea încadrării juridice în cazul infracţiunii continuate

dr. LEONTIN CORAŞ

Judecător - Curtea de Apel Alba Iulia

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...