O nouă teorie a subiectului activ al infracţiunii

A new theory on the active subject of an offence

Avocat dr. Oana BUGNAR-COLDEA

Baroul Cluj

Abstract

Traditionally, special offences are defined in the legal literature as those offences that can be committed only by certain individuals, their qualification being expressly provided in the norm. However, examining the relevant legislation, it can be seen that there is a category of offences that can only be committed by a narrow group of individuals, although the criminal provision does not expressly state what qualification they must have. There are also offences that can actually be committed by anyone, although apparently, the criminal provision imposes a certain qualification on the active subject.

In these circumstances, through this article the author proposes another approach, which would facilitate the delimitation of special offences from those with a general active subject, starting from certain delimitations and classifications,...