Consideraţii referitoare la infracţiunea de favorizare a făptuitorului prevăzută în art. 269 din Codul penal. Elemente constitutive. Caracter subsidiar în raport cu alte infracţiuni

LUMINIŢA CRIŞTIU-NINU*

* e-mail: luminiţa.cristiu@just.ro

Judecător - Curtea de Apel Bucureşti, Secţia a II-a penală

ABSTRACT

The offence of favouring of the perpetrator has evolved along the successive regulations in terms of area of incrimination, both with reference to the criminal activities incriminated, but also with reference to the favoured persons. According to the new provisions of criminal law, it is incriminated under this name the favouring of any person who has committed a deed provided by the criminal law, which does not necessarily have to meet the requirements in order to be considered an offence, and it is also incriminated only personal favouring, not the real one, consisting of the aid given in order to ensure the product of the offence for the perpetrator.

The offence of favouring the...