Descriere
This study examines the notion of „family member” as defined by Article 177 of the Criminal Code, a definition which does not suppress the act of interpretation, but rather sets its limits, with the purpose of preventing it from arbitrariness and avoiding the substitution of the legislator through a construct incompatible with the principle of legality.
The analysis is directed toward establishing the normative content of this legal concept, as it emerges from the structure of the statutory text and the rationale of the regulation, through an original and nuanced interpretation that partially departs from certain opinions advanced in legal doctrine and judicial practice, without disregarding the guidance they provide.
The article emphasizes the importance of clarifying the meaning of this notion for determining the scope of application of criminal law provisions, as well as the need for a systematic interpretation, achieved through an indispensable reference to the provisions of family law, as an extrapenal normative benchmark.
At the same time, the paper advances critical observations regarding the coherence of the current normative framework and the interpretative implications for compliance with the Fundamental Law.
