SOME APPROACHES ON THE OFFENSE OF MURDER OR INJURY OF THE NEWBORN COMMITTED BY THE MOTHER, PROVIDED IN ARTICLE 200 OF THE NEW CRIMINAL CODE
In addition to the innovations included in the new Criminal Code, the legislator of this legal act makes a number of amendments to the existing institutions and offenses in the criminal law. Such a situation is encountered for the offense of murder or injury of the newborn committed by the mother pr...
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| Language: | English |
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Nicolae Titulescu University Publishing House
2013-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_013.pdf |
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| author | MIHAELA ROTARU |
| author_facet | MIHAELA ROTARU |
| author_sort | MIHAELA ROTARU |
| collection | DOAJ |
| description | In addition to the innovations included in the new Criminal Code, the legislator of this legal act makes a number of amendments to the existing institutions and offenses in the criminal law. Such a situation is encountered for the offense of murder or injury of the newborn committed by the mother provided in Art. 200 N.C.C., offense that partly corresponds to the offense of infanticide described in Art. 177 of the Criminal Code in force. The legislator considered it necessary to also criminalize in the new Criminal Code the act of injury of the newborn committed by the mother, along with the action of killing, a situation that rightly caused the change of the marginal name of the offense. Moreover, another interesting aspect that also constitutes the focus of our approach is represented by the two phrases which are different from those in the legal text in force, i.e. ,,immediately after birth but not later than 24 hours" and ,,state of mental disorder”, which are designed to equalize the views expressed in the criminal literature regarding the analyzed crime and the practice in the field. |
| format | Article |
| id | doaj-art-d57b75b30a484c0c96e811be9892f242 |
| institution | DOAJ |
| issn | 2068-7796 2068-7796 |
| language | English |
| publishDate | 2013-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-d57b75b30a484c0c96e811be9892f2422025-08-20T02:53:03ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962013-05-013-114120SOME APPROACHES ON THE OFFENSE OF MURDER OR INJURY OF THE NEWBORN COMMITTED BY THE MOTHER, PROVIDED IN ARTICLE 200 OF THE NEW CRIMINAL CODEMIHAELA ROTARU0Assistant Lecturer, Ph. D. candidate, Faculty of Law, “Alexandru Ioan Cuza” Police Academy, Bucharest (email: mihaela.rotaru@academiadepolitie.ro).In addition to the innovations included in the new Criminal Code, the legislator of this legal act makes a number of amendments to the existing institutions and offenses in the criminal law. Such a situation is encountered for the offense of murder or injury of the newborn committed by the mother provided in Art. 200 N.C.C., offense that partly corresponds to the offense of infanticide described in Art. 177 of the Criminal Code in force. The legislator considered it necessary to also criminalize in the new Criminal Code the act of injury of the newborn committed by the mother, along with the action of killing, a situation that rightly caused the change of the marginal name of the offense. Moreover, another interesting aspect that also constitutes the focus of our approach is represented by the two phrases which are different from those in the legal text in force, i.e. ,,immediately after birth but not later than 24 hours" and ,,state of mental disorder”, which are designed to equalize the views expressed in the criminal literature regarding the analyzed crime and the practice in the field.http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_013.pdfkillinginjurynewbornmotherdisorder. |
| spellingShingle | MIHAELA ROTARU SOME APPROACHES ON THE OFFENSE OF MURDER OR INJURY OF THE NEWBORN COMMITTED BY THE MOTHER, PROVIDED IN ARTICLE 200 OF THE NEW CRIMINAL CODE Challenges of the Knowledge Society killing injury newborn mother disorder. |
| title | SOME APPROACHES ON THE OFFENSE OF MURDER OR INJURY OF THE NEWBORN COMMITTED BY THE MOTHER, PROVIDED IN ARTICLE 200 OF THE NEW CRIMINAL CODE |
| title_full | SOME APPROACHES ON THE OFFENSE OF MURDER OR INJURY OF THE NEWBORN COMMITTED BY THE MOTHER, PROVIDED IN ARTICLE 200 OF THE NEW CRIMINAL CODE |
| title_fullStr | SOME APPROACHES ON THE OFFENSE OF MURDER OR INJURY OF THE NEWBORN COMMITTED BY THE MOTHER, PROVIDED IN ARTICLE 200 OF THE NEW CRIMINAL CODE |
| title_full_unstemmed | SOME APPROACHES ON THE OFFENSE OF MURDER OR INJURY OF THE NEWBORN COMMITTED BY THE MOTHER, PROVIDED IN ARTICLE 200 OF THE NEW CRIMINAL CODE |
| title_short | SOME APPROACHES ON THE OFFENSE OF MURDER OR INJURY OF THE NEWBORN COMMITTED BY THE MOTHER, PROVIDED IN ARTICLE 200 OF THE NEW CRIMINAL CODE |
| title_sort | some approaches on the offense of murder or injury of the newborn committed by the mother provided in article 200 of the new criminal code |
| topic | killing injury newborn mother disorder. |
| url | http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_013.pdf |
| work_keys_str_mv | AT mihaelarotaru someapproachesontheoffenseofmurderorinjuryofthenewborncommittedbythemotherprovidedinarticle200ofthenewcriminalcode |