Open AccessFrumusețea în dreptul penal. Curiosul caz al art. 194 alin. (1) lit. c) C.pen.
Author(s) -
Andra-Roxana Trandafir,
Facultatea de Drept a Universității din București,
Dorel Herinean
Publication year - 2021
Publication title -
forum juridic
Language(s) - English
Resource type - Journals
ISSN - 2734-7524
DOI - 10.31178/aubd-fj.2021.2.01
Subject(s) - disfigurement , deed , harm , criminal law , punitive damages , penal code , law , jurisprudence , criminal code , romanian , psychology , criminology , sociology , political science , philosophy , linguistics
The paper analyses the crime of bodily harm provided by art. 194 par. (1) let. c) Criminal Code, consisting of battery or other acts of violence which caused a serious and permanent aesthetic injury. Although this crime has always existed in the Romanian law, this immediate consequence previously being called disfigurement, its renaming in the Criminal Code which entered into force in 2014 gave rise to new discussions, including those on the compatibility of the regulation with the rule of law and the principle of equality before the law. After analysing these aspects, the article reviews the case law of national courts, by explaining the objective and subjective criteria that outline the solution of classifying a deed as the crime of bodily harm. Subsequently, some particular hypotheses are analysed, such as the loss of teeth, the loss of an eye, the existence of scars or the tattooing of the victim, which highlight the existing variable jurisprudence in this matter.