Semnificaţia sintagmei „săvârşite în condiţiile” din cuprinsul art. 91 alin. (31) Cod penal - Acta Universitatis Sapientiae

Acta Univ. Sapientiae, Legal Studies, Special Issue (2024) 5–14

DOI: 10.47745/AUSLEG.2024.13.X.01

Abstract. By Law No 213/2023, the legislator tried to correct the majority of judicial practice, considering that the offence of manslaughter ‘under the conditions of Article 335 or 336’ must remove the possibility for the court to order a suspended sentence under supervision. The introduction of Article 91 paragraph (31) in the Criminal Code appears to be a hasty solution, in response to the media coverage of a number of cases, and it does not reflect a complete reasoning or legal analysis of the effects of this provision. The main point I wanted to clarify in this paper is the clarification of the phrase ‘committed under the circumstances’ chosen by the legislator, given that a simple reading of the text is not sufficient to understand what form of plurality of offences the legislator had in mind.

Keywords: suspended sentence under supervision, Law no. 213/2023, manslaughter, traffic offences