Tipicitatea subiectivă, obiect al recursului în casație

Abstract

The concept of crime could be defined not only by the legal model but also by the concrete manifestation, whose particular elements comply with the requirements of the legal model. Therefore, the objective elements of the concrete deed must correspond to the objective requirements of the legal description, and the subjective elements must correspond to the subjective requirements of the legal model. The crime appears to be composed of a concrete deed (deed that violates certain social norms), an incrimination norm that describes it to which it refers and the concordance between the features of the concrete deed with those described in the incrimination norm. The features of the concrete deed coincide with the description in the norm but are opposed to the precept. The notion of typicity refers both to the objective elements and to the subjective elements in the structure of the incrimination norm. Both are elements through which it is analyzed the concordance between the model described by the legislator in the norm of incrimination and the deed concretely committed. In order for the criminal liability to intervene, there must be a concordance between the features of the concrete deed and the features of the abstract model provided by the incrimination norm, in other words, when all the constitutive elements of the crime have been realized.