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- Title
ABSORBŢIA INFRACŢIUNII DE VIOLARE DE DOMICILIU ÎN INFRACŢIUNEA DE FURT CALIFICAT PRIN EFRACŢIE SAU ESCALADARE.
- Authors
CORLĂŢEANU, Sorin
- Abstract
The issue raised in this article is old, but also present, especially under the New Criminal Code terms. The offense of trespassing is not absorbed in any offenses such as robbery committed by escalation or burglary. Burglary offense absorbs the act of destruction but only if it refers to those obstacles that hamper the offender on his way to the property he intends to steal. On the other hand, there are times when the burglary offense excludes, right from the start, the offense of trespassing: eg. breaking a cabinet located in an office followed by the theft of the goods inside, entering the yard gate left open followed by the burglary (theft of the goods and destruction) of a warehouse (in this example is obvious that the offense of trespassing will be retained next to that of theft), breakage of jewelry found in a room that was accessed with the consent of its owner etc.
- Subjects
CRIMINAL law; TRESPASS; BURGLARY laws; ROBBERY -- Law &; legislation; OFFENSES against property -- Law &; legislation
- Publication
Romanian Penal Law Review, 2013, Vol 20, Issue 3, p73
- ISSN
1223-0790
- Publication type
Article