CONSTITUIREA UNUI GRUP INFRACȚIONAL ORGANIZAT ÎN CONCEPȚIA NOULUI COD PENAL

The author carries out a detailed analysis of the legal content of the offense to establish an organized criminal group, referred to in art. 367 of the new Criminal Code. After characterizing the concepts of criminalization and the aspects of novelty in the text of art. 367, under the rules in force, are examined in detail: object of criminal protection, subjects, objective and subjective side, forms, terms and punishments stipulated by law. Complementary explanations address the links of this criminal offense with other crimes, and certain procedural aspects. Then, this incrimination rule legislative precedents and the solutions to be followed in case of transitional circumstances are highlighted. Also, the author does not hesitate to express his point of view regarding the constituent content of this criminal offense, its systematization, its nature, and to frame some solutions and ideas of his own in this regard. The end of this analysis presents several conclusions and proposals concerning the law that is to come into force regarding the setting out of the appropriate protection of social values this incrimination concerns, a uniform application of the purport and thus better administration of criminal justice in Romania.