Concursul de calificări ^(I)

Concurrence of criminal laws (I)

Cristina Georgiana FEŞTEU

Avocat - Baroul Cluj

Abstract

Taking into consideration the fact that both at a national and european level the multiplication of the criminal visions causes difficulties in solving legal problems, the author seeks an analysis which could clarify the concept and highlight the concerns that may arise in the matter of concurrence of Criminal laws.

Furthermore, in the context of the new Criminal Code and its lack of regulation of the institution, the author identifies the main criterias formulated by the legal literature in order to facilitate the interpretation of the criminal provisions. Comparative Law is used as a source of analysis and innovation in presenting two of the categories of concurrence of laws: the alternative and the incompatibile ones.

Last but not least, given the fact that the judicial practice confronted directly with specific cases, in which, etically, several legal texts apply to the...