The Offense of Destroying at Fault in the Romanian Law

• Author: Ioana Rusu
• Profession: Dimitrie Cantemir' Christian University of Bucharest, Romania
• Pages: 154-161

The Offense of Destroying at Fault in the Romanian Law

Assistant professor Ioana RUSU

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Abstract

In the present work we have examined the destroying at fault offense provided

for in the provisions of art. 255 of Criminal Code. Also, given the transitional situation

we are in, the elements of similarity and differentiation between the previous and the cur-

rent regulations have been analysed, a useful examination regarding the application of

the more favorable criminal law. The examination carried out is part of an extensive work

to be published in a nationally recognized publishing house. The paper can be useful to

students, master students and doctoral students of the country's faculties, as well as prac-

titioners.

Keywords: the objective side; the subjective side; the more favorable criminal

law; the subjects of the crime.

JEL Classification: K14

1. Introduction

The offense of destroying at fault is provided in the Romanian Criminal

Code and is part of Title II with the marginal title “Offenses against patrimony”,

Chapter V “Destruction and disturbance of possession”.

In an absolutely normative order, the offense we intend to examine

briefly, is mentioned after the crimes of destruction and qualified destruction.

Specifically, it is mentioned in the provisions of art. 255 par. (1) of Crim-

inal Code, and it consists in the destruction, degradation or bringing into a state

of non-use, at fault, of a good, even if it belongs to the perpetrator, if the deed is

committed by arson, explosion or any other such means and if it is likely to en-

danger other persons or property.

In the par. (2) an aggravated way is provided, which will take into account

the situation in which the aforementioned facts have resulted in a disaster.

The term “disaster” means “the destruction or degradation of immovable

property or of works, equipment, installations or components thereof and which

resulted in the death or personal injury of two or more persons”.

2. The Criminal Code in force in relation to the previous law

The offense of destroying at fault was provided in a similar regulation

also in the Criminal Code of 1969, at art. 219, between the two regulations, there

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Ioana Rusu – „Dimitrie Cantemir” Christian University of Bucharest, Romania, oanarusu_86@

yahoo.com.