The concept of offense in the new criminal code

• Author: Elena Giorgiana Simionescu
• Position: University of Târgu-Jiu - Romania
• Pages: 169-179

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 3 (2013), pp. 169-179

169

THE CONCEPT OF OFFENSE IN THE NEW CRIMINAL CODE

E. G. Simionescu

Elena-Giorgiana Simionescu

Faculty of Juridical Sciences,

“Constantin Brâncui” University of Târgu-Jiu, Romania

*Correspondence: Elena Giorgiana Simionescu, Faculty of Juridical Sciences,

“Constantin Brâncui” University of Târgu-Jiu, Victoria Street, no. 24, Târgu - Jiu, Gorj,

Romania

Email: giorgiana_simionescu@yahoo.com

Abstract

As an important part of the general theory of crime, the concept of “crime” and generates

continuously generated controversial discussions in the literature reflected differently in

criminal law. The new Romanian Criminal Code, although deemed necessary legal definition

of the offense by listing its essential features, devotes a formally defined, giving the idea that

crime is the fact that social threat.

Keywords: offense, provision crime by criminal law, criminal culpability, unjustified,

imputable character

Introduction

The term comes from the Latin word crime “infractio,-onis” = to break, to break

through French Connection “infraction” = offense

1

. In common parlance, the word has the

meaning of “deviation”, “breach of an order” and that the “violation of a law that deserves to

be punished by criminal punishment,” “socially dangerous offense consisting in breach of a

criminal law, the commission, is guilty of a deviation from the criminal law and is punishable

by law”

2

(in English, “infraction”, “offense”

3

). This latter understanding of crime is common

in criminal law designating as “socially dangerous act that, if committed with guilt, under the

criminal law”

4

, the new “offense under the criminal law committed with guilt, unjustified and

imputable to the person who committed”

5

a crime and legal institution that, along with two

other fundamental institutions of criminal and criminal penalties, the skeleton, the “pillars” of

criminal law

6

. Within and around them revolve all applicable criminal law.

Definition of the offense

New legislator Romanian Criminal Code (2009) defines in a new offense, giving the

idea that crime is the fact that social threat, so that the provisions of art. 15 para. 1, Romanian

Penal Code (RPC) provides that the offense “under the criminal law act committed with guilt,

unjustified and imputable to the person who committed it.”

1

V. Paca, Drept penal. Partea general, Worldteach Publishing House, T imioara, 2005, p. 219.

2

Details: http://dexonline.ro/definitie/infractiune.

3

Mirabela Rely Odette Curelar, Dicionar juridic Român-Englez, ”Academica Brâncui” P ublishing House,

Târgu-Jiu, 2011, p. 93.

4

Art. 17 para. 1 Penal Code (Law no. 15 of 21.06.1968 – Romanian Penal Code, republished in Official Gazette

of Romania, Part. I, No. 65 of 16.04.1997, with subsequent amend ments).

5

Art. 15 para. 1 Penal Code – Law no. 286 of 17 .07.2009 Romanian Penal Code, published in Official Gazette of

Romania, Part. I, no. 510 of 24.07.2009, with subsequent amendme nts (in force since 01.02.2014).

6

Ioan Oancea, in V. Dongoroz and collabor ators, Explicaii teoretice ale Codului penal român, volume I, Partea

general, “Editura Academiei” Press, Bucharest, 1969, p. 99.