THE REGULATION OF THE OFFENCES AGAINST THE CORPORAL INTEGRITY AND HEALTH IN THE NEW CRIMINAL CODE

Abstract

The incriminations made by Section II of Chapter 1 of Title II of the actual Code
(section titled “Hitting and damage to corporal integrity or to health”)”are found in the
Special Part of the New Criminal Code1, in Chapter II of Title 1, chapter titled “Offences
against life, corporal integrity or health”. This chapter maintains the offences of “Hitting or
other violence” and “Bodily harm”. These two offences include the consequences of the
serious bodily harm — offence which disappears from the new regulation. Beside the two
offences, are maintained in the new structure: “Hitting or injury causing death” and “Bodily
harm by negligence”. Are added within this chapter “Ill treatment applied to minors” (in the
actual regulation this offence is stated by Art 306) and “Scuffle” (in the actual regulation this
offence is stated by Art 322).
The new Criminal Code incriminates in the same conditions hitting or injuries causing
death2. The only difference is given by the limits of the punishments, which are smaller, in
accordance with a new logic of the punishments residing from the entire economy of the new
Code. But even regarding these offences must be given the necessary procedural warranties
regulated by the new Code of Criminal Procedure3 or by different international documents, to
which Romania is part4.