Open AccessSubjective side of the crime of creating or leading a criminal organization
Author(s) -
Cazacicov Andrei,
AUTHOR_ID
Publication year - 2021
Publication title -
revista naţională de drept
Language(s) - English
Resource type - Journals
eISSN - 2587-411X
pISSN - 1811-0770
DOI - 10.52388/1811-0770.2021.2(244).12
Subject(s) - norm (philosophy) , criminology , political science , criminal investigation , law , psychology
The application in the national judicial practice of the criminal norm established at art. 284 Penal code encounters some difficulties resulting from the misinterpretation of the corresponding elements and signs of crime composition. The present study aimed to explain in detail and intelligibly the content of the subjective side of the crime of creating or leading a criminal organization, what will be useful from both perspectives: theoretical and practical. The coherent explanation of the content of the subjective side of the crime of creating or leading a criminal organization provides additional possibilities in the qualification process, which can be used contradictory by both participants in the criminal trial: the prosecution and the defense.