IS THERE A REDUNDANT OVERLAP OF LEGAL PROVISION OF THE ROMANIAN CRIMINAL CODE IN THE CASES OF VIOLENT ACTS PERPETRATED IN PUBLIC SPACES?

Abstract

The article aims to analyze the impact of the enforcement of the Law no. 248 of July 20, 2023 on the situations involving the use of violence in public spaces, in the presence of non-participating persons. Specifically, the law introduces aggravating variants for both the offense of assault and other violence when committed in public spaces and for the offense of disturbing public order and peace, when committed through acts of violence. Therefore, the concurrent application of the aggravating variants of the two offenses raises an analysis that constitutes the subject of this article and it has a significant practical significance because there is a certain and very high probability that this type of case will be the subject of criminal cases.