Împiedicarea producerii rezultatului, o cauză de nepedepsire atipică

drd. ADRIAN STAN*

* e-mail: adrian.stan@e-uvt.ro

Cadru didactic asociat - Facultatea de Drept, Universitatea de Vest din Timişoara

ABSTRACT

In the present study, we set out to deal with the problem of a cause of non-punishment treated quite generously by the literature, but quite rarely encountered in judicial practice, preventing the production of the result. The proposed perspective has as its starting point a general look at the causes of non-punishment and the reasons for their insertion in the criminal laws. Then, we wiII focus on the problem of the result of the crime, because it is necessary, from a theoretical perspective, to understand what type of crimes can be susceptible to prevent the production of the result. Further on, we wiII concretely analyze the cause of non-punishment, pointing out the conditions for meeting it, in order, finaIIy, to analyze a recent solution of the jurisprudence, which represented the...