False Identity
Keywords:
Crime; subjects of the crime; the objective side and the subjective sideAbstract
In this paper, I proceeded to examine the crime of false identity regarding the text of the act of incrimination.
Thus, we analysed the subjects, as well as the objective and subjective side of the crime with direct reference to the recent judicial practice in the matter.
We also highlighted the elements of similarity as well as those of differentiation between the texts of the two laws, the analysis being useful both from a doctrinal perspective and for the identification and application of the more favourable criminal law.
The novelty elements consist in the analysis performed, with reference to the recent judicial practice, as well as in the citation of several authors from the Romanian doctrine.
The paper is part of a university course to be published by a recognized publishing house in the field of legal sciences.
By the way of approach, the paper can be useful to the students of the profile faculties in the country, as well as to the practitioners of the criminal law.
References
Vintilă Dongoroz in Vintilă Dongoroz (scientific consultant; title VII; final provisions; leader and coordinator of the entire volume), Siegfried Kahane, Ion Oancea, Iosif Fodor, Nicoleta Iliescu, Constantin Bulai, Rodica Stănoiu, Victor Roșca, Theoretical Explanations of the Romanian Penal Code, vol. IV, Partea specială, Ed. Academiei Românei, București, 1972, pp. 462-463, 464, 465,;
Mihail Udroiu, Syntheses of Criminal Law, Special Part, Edition 2, vol. II, Ed. C.H. Beck, Bucharest, 2021, pp. 1083, 1084, 1086, 1087;
Andrei Viorel Iugan, Annotated Criminal Code, Special Part, Includes national jurisprudence 2014-2020, Universul Juridic Publishing House, Bucharest, 2020;
I.C.C.J., RIL, Decision no. XIX / 2007, published in Official Gazette no. 503 of July 3, 2008;
Court of appeal, Bucharest, criminal section I, December no. 799/20.06.2014, available on www.sintact.ro., apud, Mihail Udoiu, cited works, p. 1083;
Court of appeal, Bucharest, criminal section 2nd, December no. 235/17.02.2017, nepublicată, apud, A.V. Iugan, op. cit., p. 466;
Court of appeal, Bucharest, criminal section 2nd, December, no. 1054/23.09.2014, nepublicată, apud, A.V. Iugan, cited works, p. 465.
Court of appeal, Bucharest, criminal section I, December, no. 888/23.06.2015, nepublicată, apud, A.V. Iugan, cited works, p. 465;
Court of appeal, Bucharest, criminal section 2nd, December, no. 456/23.03.2017, www.sintact.ro, apud, Mihail Udroiu, cited works., p. 1087;
Court of appeal, Bucharest, criminal section 2nd, December, no. 87/26.01.2016, nepublicată, apud, Mihail Udroiu, cited works, p. 1088.
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Copyright (c) 2022 Ion Rusu
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