Infracţiunea de distrugere - art. 253. Analiza elementelor constitutive. Unitate de infracţiune. Analiza legii mai favorabile

Property damage offence - art. 253. Review of the constituent elements. Unity of offences. Analysis of the more favourable law

Abstract

Paragraph (4) of art. 253 of the New Criminal Code incriminates the act of destroying, damaging or making an asset unfit for use, if the act is committed by arson, explosion or by any other such means and if it endangers other persons or goods, which was also stipulated in the 1969 Criminal Code, in art. 217 paragraph (4). The element differentiating between the two regulations concerns the incrimination, according to the New Criminal Code, of the act of destroying that can endanger other persons or goods; in the 1969 Criminal Code, the existence of the aggravated offence was conditioned by the actual occurrence of the danger, its eventuality being regarded as insufficient. For the aggravated offence stipulated in paragraph (4),...