The Conflict of Criminal Norms

Abstract

In the current context of Romanian criminal law, characterized by a constant expansion of incrimination norms and a diversification of legislative techniques used to protect social values, the institution of the conflict of criminal norms becomes an indispensable tool for the correct interpretation and application of the law. The apparent overlap of several incrimination texts on the same conduct generates significant difficulties in judicial practice, and in the absence of an express regulation in the Criminal Code, the intervention of the doctrine is required to clarify the criteria for selecting the applicable norm. In this context, the fundamental works of cosacrate authors such as Vintila Dongoroz, George Antoniu or Mihail Udroiu provide essential theoretical references for understanding the mechanisms for resolving the competition of norms, each of these authors contributing, in a distinct way, to the definition of the concepts of specialty, subsidiarity and consummation. This article proposes a broad analysis of the institution, starting from the general concepts and conditions of existence, continuing with the forms of competition of norms, integrated in the vision of each author, and ending with the practical implications, analysis of legal texts, jurisprudential examples and relevant conclusions for the unitary application of criminal law and the application of the non bis in idem principle.