False identity. The disincrimination of an action from the criminal antecedents. Nature of plural offences

DREPT PENAL ȘI DREPT PROCESUAL PENAL

Abstract

The presentation under false identity made in front of a public servant for triggering legal consequences, set forth in Art. 293 para. (1) of the Criminal Code is an offence pursuant to Art. 327 para. (1) of the New Criminal Code provided that the perpetrator uses fraudulently an act of identification, legitimacy or to prove the marital status. Otherwise, Art. 4 of the New Criminal Code becomes applicable. The application of Art. 4 of the New Criminal Code by reference to an action included in a conjuncture of offences previously sanctioned with the conditional suspension of the punishment enforcement is effective on the legal status of the accused. Since the punishment set by the previous criminal sentence for the offense for which the disincrimination did not occur is not more than one year of imprisonment, recidivism cannot be retained, but intermediate plurality.