2023
Andra-Roxana TRANDAFIR, Associate Professor, Faculty of Law, University of Bucharest, George-Cristian IOAN, PhD candidate, Faculty of Law, University of Bucharest, Aggravated theft by unlawfully using a fake key – highlights of legal literature and recent case law
DOI: https://www.doi.org/10.31178/AUBD/2023.07
Abstract:The article analyses the criminal offence of aggravated theft perpetrated by unlawfully using a fake key, taking into account the legal literature and case law in this field in over 125 years since this aggravating element was provided by the Romanian legislation. Afterwards, the authors analyze the ruling of the High Court of Cassation and Justice within the Decision no. 7/2023 issued in an appeal in the interest of the law which, using an evolutive interpretation of the criminal law, decided that a fake key is also the use of an improvised device which blocks the centralized locking system of a vehicle, by jamming its signal. Having in mind this mandatory ruling, the authors then analyze several practical situations and offer solutions to the problems raised in connection with such situations.
Keywords: theft, aggravated theft, fake key, appeal in the interest of the law.
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