The regulation of the offences against the corporal integrity and health in the new criminal code

• Author: Camelia Serban Morareanu - Daniel Cretu
• Position: Associate Prof. PhD - University of Pitesti, Faculty of Law and Administrative Sciences, (Romania) - Prosecutor’s Office attached to Costesti City Court, România
• Pages: 97-101

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

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

No. 4 (2013), pp. 97-101

97

THE REGULATION OF THE OFFENCES AGAINST THE CORPORAL

INTEGRITY AND HEALTH IN THE NEW CRIMINAL CODE

C. erban Morreanu, D. Creu

Camelia erban Morreanu

Associate Prof. PhD - University of Piteti, Faculty of Law and Administrative Sciences,

(Romania),

*

Correspondence: Camelia erban Morreanu, University of Piteti, str. Târgul din vale, No.

1, Piteti, Arge, România

e-mail: cameliamorareanu@yahoo.com

Daniel Creu

Prosecutor’s Office attached to Costeti City Court,

*

Correspondence: Daniel Creu, Costeti Court Prosecutor's Office, Str. Victoriei No. 72,

Costeti, Arge, România

e-mail:danielcretu2003@yahoo.com

Abstract

The incriminations made by Section II of Chapter 1 of Title II of the actual Code

(section titled “Hitting and damage to corporal integrity or to health”)”are found in the

Special Part of the New Criminal Code

1

, in Chapter II of Title 1, chapter titled “Offences

against life, corporal integrity or health”. This chapter maintains the offences of “Hitting or

other violence” and “Bodily harm”. These two offences include the consequences of the

serious bodily harm – offence which disappears from the new regulation. Beside the two

offences, are maintained in the new structure: “Hitting or injury causing death” and “Bodily

harm by negligence”. Are added within this chapter “Ill treatment applied to minors” (in the

actual regulation this offence is stated by Art 306) and “Scuffle” (in the actual regulation this

offence is stated by Art 322).

The new Criminal Code incriminates in the same conditions hitting or injuries causing

death

2

. The only difference is given by the limits of the punishments, which are smaller, in

accordance with a new logic of the punishments residing from the entire economy of the new

Code. But even regarding these offences must be given the necessary procedural warranties

regulated by the new Code of Criminal Procedure

3

or by different international documents, to

which Romania is part

4

.

Key words: offence, violence, new Criminal Code, new Code of Criminal Procedure

1

Law No 286/2009, with subsequent modifications and amendments.

2

Art 195 “Hitting or injury causing death” states that “Should one of the acts in Art 193 and 194 result in the

victim’s death, the penalty shall be imprisonment from 6 to 12 years”.

3

Law No 135/2010, with subsequent modifications and amendments

4

L.M Trocan, Garantarea dreptului la a prare în lumina dispoziiilor tratatelor internaionale specializate în

materia drepturilor omului i jurisprudenei CEDO, the Annals of t he “Constantin Brâncui” University of

Târgu-Jiu, Legal Sciences Series, No 4/2010, pp.111-128 (http://www.utgjiu.ro/revista/jur/pdf/2010-

4/8_LAURA_ MAGDALENA _TROCAN.pdf)