Theoretical and practical considerations on the concurrence of offenses

Abstract

The entry into force of the new Criminal Code brought back to the attention and discussion of legal practitioners and theoreticians the criteria that distinguish the continued offense from the concurrence of offenses. Although, subsequent to the Romanian Constitutional Court Decision no. 368/2017, it has practically returned to the existing regulation in the matter of the continued offense under the rule of the old Criminal Code, the concrete situations submitted to the attention of the courts continue to provoke theoretical controversies. This article aims to critically analyse the recent case law regarding the criteria considered by the courts when they delimit the existence of a concurrence of offenses or a single offense, in a continuous form.