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 theSpecial Part of the New Criminal Code1, in Chapter II of Title 1, chapter titled “Offencesagainst life, corporal integrity or health”. This chapter maintains the offences of “Hitting orother violence” and “Bodily harm”. These two offences include the consequences of theserious bodily harm – offence which disappears from the new regulation. Beside the twooffences, are maintained in the new structure: “Hitting or injury causing death” and “Bodilyharm by negligence”. Are added within this chapter “Ill treatment applied to minors” (in theactual regulation this offence is stated by Art 306) and “Scuffle” (in the actual regulation thisoffence is stated by Art 322).The new Criminal Code incriminates in the same conditions hitting or injuries causingdeath2. The only difference is given by the limits of the punishments, which are smaller, inaccordance with a new logic of the punishments residing from the entire economy of the newCode. But even regarding these offences must be given the necessary procedural warrantiesregulated by the new Code of Criminal Procedure3 or by different international documents, towhich Romania is part4.