Natural complexity. Reflections

• Author: Duvac Constantin
• Position: University Lecturer LL.D.'Spiru Haret' University, Bucharest, Law and Public Administration Faculty University Lecturer
• Pages: 164-168

NATURAL COMPLEXITY. REFLECTIONS

Constantin Duvac

∗

∗∗

∗

Abstract

Every time we refer to unity of offences and plurality of offences, we make a certain

judgement, we reach to a certain conclusion as to the existence of a sole penal law

infringement or more such infringements.

Key words: offences, penal science, jugdement, natural complexity, plurality, penal

law.

Introduction

By making such a judgement on surrounding reality, from the viewpoint of penal

science, one has to differentiate, from the outset, between the natural, objective existence of

the object that we characterise as a unity or a plurality and the legal conclusion on it,

conclusion that may not always coincide with the object regarded as a natural entity likely to

be perceived through senses.

Normally and most often there is undoubtedly such a coincidence, that is the

judgement as to the unity of the analysed object corresponds to its natural unity and, in the

same fashion, the judgement of a plurality of analysed data corresponds to the natural

plurality of the objects subjected to such an evaluation.

1. There are certain cases when such a coincidence may be missing, meaning that

what is considered to be a unity b y nature may represent in the light of penal law a plurality

and what is naturally a plurality to be treated as a unity from the penal law standpoint.

In such cases, the judgement regarding the unity and plurality of the analysed object

does not alter its natural reality and does not ignore it, yet it only attributes, for penal policy

reasons, a different significance, that is a specific meaning linked to the penal policy interests

or other particularities of penal repression or legislative technique.

1

2. As regards the unity and plurality of offences, one has to differentiate between real

situations and apparent ones as well as between factual situations and legal ones.

Apparent plurality of offences exists when a single action (or omission) looks like

infringing more penal rules or when the materiality of more actions (or omissions) appear as

a plurality although, naturally or legally, they should have been deemed as a unity of

offences

2

.

Subject to the way in which apparent plurality is envisaged, one could conceive the

possibility of an apparent plurality per se within which, although there is a single action or

inaction, either naturally or by law, the legal provision is presented in such a manner that

seems to confirm the idea of a plurality of offences

3

. Consequently, in all these cases, the

manifestation of the apparent plurality of offences stems from the text formulation itself,

∗

University Lecturer LL.D.”Spiru Haret" University, Bucharest, La w and Public Administration Faculty

University Lecturer, ctinduvac@yahoo.com

1

Constantin Duvac, Unity of offence and plurality of offences. Reflections, Penal Law Review, issue no. 2,

2008, p.114.

2

Ibidem, p. 119.

3

Constantin Duvac, Apparent plurality of offences, Bucharest: Universul J uridic, 2008, p.30.