Participaţia în cazul faptelor produse din culpă. Coautoratul şi pluralitatea material-complementară

drd. DAN MOROŞAN

Avocat - Baroul Cluj

ABSTRACT

Accepting co-authorship in the commission of acts with basic intent has represented, sine die, a permanent struggle for scholars since the adoption of the 1968 Criminal Code. Both the literature and the judiciary have had divergent positions.

In the present paper, the purpose is to assess all factors that can lead to a positive or negative answer to the question: Is co-authorship compatible with basic-intent? The analysis will be divided: the national status-quo versus the alternative solution, respectively the German one. In the national arena, the existing arguments and the foundations for the possible envisioned outcomes will be discussed. Within the German framework, the institution of Nebentaterschaft will be assessed in a comparative approach, underlying similarities and differences when compared to the Romanian framework. Finally, a...