Natural absorption of offences in Romanian law

Abstract

Sometimes, although substantial provisions establish that a certain factual conduct fulfils the requirements for several crimes, in practice, establishing criminal liability in such a manner seems too drastic.  However, the principle of mandatory prosecution does not allow a large (or sufficient) margin of appreciation for the prosecutor to establish whether an auxiliary crime, of reduced gravity, should be prosecuted. The theory of natural absorption seems a solution, based in substantial law, to treat such issues. However, legal scholars do not usually treat this substantial institution in a complex manner. Thus, it seems to be applied on a case by case basis, with no clear guidelines. Hereby study aims at providing a set of general rules concerning natural absorption. In the first part, the contemporary theories concerning the institution will be assessed. In the second part, a set of rules will be established, aimed to have a general applicability. Finally, the aforementioned rules will be illustrated by applying them to an issue widely contested by several important legal scholars.