DEFINIŢIA ŞI TRÃSÃTURILE ESENŢIALE ALE INFRACŢIUNII ÎN REGLEMENTÃRILE NOULUI COD PENAL

The author shows that, in the new regulation, the essential characteristic regarding the social danger entailed by the criminal action committed was removed from the definition of the crime. Instead, two new essential characteristics were introduced, namely: the action committed, which is provided by the criminal law, is unjustified and not imputable to the person having committed it. Also, reference is made to the correlation between the institution of the action provided by criminal law and the institution of the crime and the essential characteristics of the crime are examined.