Error on the extra-criminal regulation

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

The error on the extra-criminal regulation involves not knowing or misknowing the extra-criminal regulation underlying the criminal nature of the action. Doubt is not equal to error on the extra-criminal norm but triggers the obligation of the active subject not to act without knowing the extra-criminal norm with certainty. The accused knew that he did not hold a gun permit on the territory of Romania, did not declare the existence of the gun and ammunition at the control carried out upon crossing the Romanian state border and did not undertake, before buying the goods, minimum actions to inform on the categories of guns that can be legally held on the territory of Romania, the legal modality of purchase and the conditions for holding them.