Mărturia mincinoasă şi favorizarea făptuitorului: specialitate unilaterală sau bilaterală?

False Testimony and Aiding and Abetting a Perpetrator: Unilateral or Bilateral Specialty?

Jud. drd. Ionuţ Borlan

Judecătoria Cluj-Napoca, secţia penală

Cadru didactic asociat

Facultatea de Drept, Universitatea Babeş-Bolyai

Abstract

The specialty principle is the most popular principle used to settle situations bound by concurring criminal laws and the only one of the four principles that benefits from a universal recognition in both Romanian and foreign doctrine and being frequently applied in judicial practice.

Moreover, the tendency of the Romanian criminal doctrine is that of exclusive use of the specialty principle for settling the concurrence of criminal provisions, especially if one of the concurring laws has an element of specialization in relation to the other. However, the effect of such a consistent approach did not take long to appear in judicial practice, with regard to the relationship...