Infracţiunea de favorizarea făptuitorului. Condiţii de tipicitate. Distincţie între autorat şi instigare

Cadru didactic asociat, dr. Valentina DINU

Facultatea de Drept

Universitatea din Bucureşti

ABSTRACT

The determination of victim to draw up documents from which it can be concluded that the defendant did not commit the crimes for which the criminal action had been initiated and from which it can be seen that she withdraws her complaint is precisely the "help" referred to in art. 269C. pen. The fact that the defendant in the present case indirectly helped P.G.C., through the injured person J.M.I, cannot lead to the idea of a participation in the form of instigation, because the conditions provided by art. 47C. pen. are not met.

In the case, the injured person did not commit the crime of favoring the perpetrator, because she did not at any time change the statements she gave in the case before the criminal investigation bodies, as the prosecutor also stated. The circumstance that she drew up...