Posibilitatea inculpatului de a beneficia de cauza de  reducere a pedepsei prevăzută de art. 10 alin. (1) din Legea  nr. 241/2005. Diferenţa dintre pretenţiile părţii civile şi  prejudiciu : DREPT PENAL ŞI PROCESUAL PENAL

Ilenuţa Bădiceanu

The possibility of the accused to benefit from the cause of reduction of the punishment provided by Article 10 para. (1) of Law no. 241/2005. The difference between the claims of the civil party and the damage

DREPT PENAL ŞI PROCESUAL PENAL

Authors

Ilenuţa Bădiceanu Author

Abstract

The accused cannot benefit from the provisions of Article 10 para. (1) of Law no. 241/2005, noting the difference of the regulation compared to the form prior to the amendments brought by Law no. 255/2013, which referred to the coverage of the damage, and the rule
in force refers to the coverage of the claims of the civil party, which includes tax obligations ancillary to the main debt, so that if the abbreviated procedure is invoked
these claims must be clarified before the procedural moment established by the provisions of Article 374 para. (1) and (4) of the Criminal Procedure Code.