1. Introduction .....................................................................................................................

2
2. Legal content ....................................................................................................................3
3. Legal-criminal analysis of the offense of forming an organized criminal group ......7
3. 1. Pre-existing conditions of the offense ....................................................................7
3.1.1 The object of the crime. .....................................................................................7
3.1.2. Subjects of the crime. ........................................................................................7
3.2. Constitutive content of the offense ..........................................................................7
3.2.1 Objective side. .....................................................................................................8
3.2.2. The subjective side. ...........................................................................................8
3.3. Forms. Ways. ............................................................................................................8
4. Sanctions ..........................................................................................................................9
5. Case ...................................................................................................................................9
6. Conclusions ....................................................................................................................13
Bibliography ......................................................................................................................14

1
1. Introduction

The offense of establishing an organized criminal group provided for in article 367
C. pen. It represents an incriminating framework that arose from the desire of the legislator
to abandon the parallel that existed before the new criminal code between texts that
criminalized the same type of acts (organized criminal group, association for the
commission of crimes, conspiracy, terrorist group)
Article 367 C. Pen represents, in part, the correspondent of the crimes of conspiracy
provided for in article C. pen. Previously, the association with the commission of the
crimes listed in Article C. pen 323 above, the constitution, creation, joining or support of
an organized criminal group criminalized in Article 7 of Law no. 39/2003 regarding the
prevention and combating of organized crime, the constitution, creation, joining or support
of a group, provided for in art. 8 of the above-mentioned normative law.
Plurality of offenders necessarily presupposes plurality of persons, unity of offense,
material cooperation, and self-cohesion, and therefore presupposes the joint effort of
several persons embodied in the production of a singular unlawful result; Pluralism
highlights the indivisible nature of the contribution of all perpetrators to the violation
(defeat) of criminal law. Criminal pluralism can be realized in three different forms:
natural pluralism (necessary), formed pluralism (legal) and accidental pluralism (criminal
participation).
Criminal associations are many acts of criminals. In essence, constitutive pluralism
consists of a simple fact, criminalized by law, which consists in the formation of a group of
persons to commit crimes.
The offenses provided for in the Special Part of the applicable Criminal Code cover
almost all illegal acts that can be committed by criminal associations, including organized
crime.
According to art. C. pen. does not apply to acts committed under the old law, if
they are no longer provided for by the new law, the new one is implemented.
However, there is no decriminalization when, although the criminalization rule of
the old law no longer exists in the new law, its content has been appropriated by another
norm of criminal law or private legislation or covered by an existing general
criminalization.

2
 By the action of association, the entry into the association is understood at the
moment of its formation, and in this way the plurality formed by criminals is generated, a
group of people subject to a certain internal order, certain rules regarding the hierarchy. ,
members' roles and activity plans, which create, by the consensus of several people, an
independent nucleus, to exist in time and prepare the commission, organization and
execution of crimes.
By the procedure for initiating the establishment of an association is meant the
execution of acts aimed at determining and preparing the formation of the association, and
this can be done by one or more persons, each having the capacity of perpetrators,
regardless of whether or not the establishment of the association has been reached and
regardless of whether the person or persons who started the enterprise joined the
association or not.
Joining an association means entering the association as a member of it, together
with the primary core, and the act of supporting to facilitate or assist the association during
its existence. Members can specify that all or just some participate, and can even recruit
outside performers.

2. Legal content

The regulation has a precedent in art. 167 and art. 323, both of the Criminal Code
from 1969, respectively art. 7-9 of Law no. 39/2003 for the prevention and combating of
organized crime 1, the latter repealed by art. 126 point 2 of Law no. 187/2012. The
diversity of regulations in the matter of organized crime, the existing parallelism between
them, were removed by creating a framework criminalization represented by art. 367 C.
pen...2
However, the criminalization provided for by art. 35 (association for the purpose of
committing acts of terrorism) from Law no. 535/2004 regarding the prevention and
combating of terrorism, criminalization which was also modified by art. 159 point 6 of
Law no. 187/2012.3
Thus, art. 367 C. pen.. incriminates in para. (1) the facts of initiation, constitution,
joining or supporting in any form an organized criminal group, and in para. (2) the
aggravated version is provided, existing when the purpose of the group includes serious
1
Official Gazette no. 50 of January 29, 2003
2
Alexandru Boroi, Criminal Law. The special part. Edition 5 - 2021, CH Beck, Bucharest, 2022, p.121
3
Alexandru Boroi, op.cit.p.127

3
crimes (sanctioned by law with life imprisonment or imprisonment for more than 10
years).
Art. 367 para. (3) C. pen.. has a correspondent in art. 323 para. (2) C. pen. from
1969 and regulates the same circumstance, that of the commission of one of the crimes
included in the scope of the criminal group; as in the previous regulation, in this
hypothesis, the rules of the contest of crimes between the constitution of the organized
criminal group (in any of the variants, simple or aggravated) and the crime that was
committed will be incident.
Art. 367 para. (4) C. pen.. regulates in the same conditions the cause of non-
punishment that was regulated by art. 323 para. (3) C. pen. from 1969 and art. 7 para. (1)
from Law no. 39/2003. Art. 367 para. (5) C. pen.. takes over from the old law [art. 9 para.
(2) from Law no. 39/2003] the reason for reducing the sentence.
This is reformulated, the denunciation and facilitation of the identification and
prosecution of one or more members of a criminal group being replaced by the facilitation
of finding out the truth and the prosecution of one or more members of a criminal group; at
the same time, according to the new law, the moment until such behavior must intervene is
exclusively the criminal investigation phase.
Given that, according to the old law, the behavior that justified the reduction of the
penalty could also take place during the trial phase, the new law restricts the incidence of
the reason for the reduction of the penalty. For this reason, concretely, in certain cases, the
old law may be more favorable than the new law.
Art. 367 para. (6) C. pen.. takes from art. 2 of Law no. 39/2003 the definition of the
organized criminal group, modifying it.
The modification consists in a simplification of the definition, eliminating some
elements that characterized the purpose. Thus, the purpose of the group is no longer
circumscribed by the commission of serious crimes [as defined in art. 2 lit. b) from Law
no. 39/2003; Art. 2 lit. b), as amended by art. 126 point 1 of Law no. 187/2012, continues
to define the notion of serious crime].4
Therefore, the purpose of the type variant [par. (1)] can refer to any crime, and, to
the extent that the purpose of the group includes serious crimes (sanctioned by law with
life imprisonment or imprisonment of more than 10 years), there will be the aggravated
form, provided by art. 367 para. (2) C. pen..; at the same time, the goal can be reduced to

Cristina Rotaru, Andra Roxana Trandafir, Valerian Cioclei, Criminal Law. Special Part II. Thematic course.
4

Edition 6 - 2022, Ed.CH Beck, Bucharest, 2022, p.121

4
the commission of even a single crime. Also, the purpose is no longer circumscribed to the
direct or indirect obtaining of a financial or other material benefit.
The abandonment of such a goal has been criticized, because it no longer allows the
difference between organized crime and terrorism to be made, given that the main element
of their differentiation is precisely the goal (financial/material in the case of organized
crime, political in the case of terrorism) 5.
In jurisprudence, regarding this aspect, it was shown that "the new crime provided
by art. 367 C. pen.., unlike the old legislation, which in the definition of the organized
criminal group required that it be constituted "for the purpose of committing one or more
serious crimes, in order to directly or indirectly obtain a financial or other material benefit"
, this purpose is no longer found, its requirement being only that of the constitution "for the
purpose of committing one or more crimes", the organized criminal group being thus
practically reduced to any criminal association. However, what characterizes organized
crime by criminal associations is the ability to parasitize the economy by directly or
indirectly obtaining financial or other material benefits as a result of committing crimes."6
Through this reconfiguration of the purpose, the expansion of the notion of an
organized criminal group is achieved, an expansion viewed critically by the doctrine which
specified that, although, on a global level, there is a "tendency to widen the scope of
preparatory acts criminalized as independent crimes or as acts assimilated to the attempt,
especially in the case of terrorist crimes and forms of organized crime, it is recommended
that the preparatory acts be criminalized only in the case of very serious crimes, provided
that they are closely related to the prepared crime and create a state of danger for the
protected social value by the legal norm" 7.
Regarding the coordinated way of functioning, jurisprudence has shown that there
is a need for a pre-established hierarchical subordination within the group, a hierarchy
among the group members, respectively the role of each member in committing crimes
should be known in advance. Also, the coordinated character implies planning,
organization, control, procurement of tools, means, the use of combinations 8.
5
G. Zlati, Considerations regarding the criminalization of the establishment of the organized criminal group,
with reference to art. 367 of the new Criminal Code and Framework Decision 2008/841/JHA. From the
rationale of criminalization to its consequences and compliance with some principles of criminal law (
www.penalmente.eu )
6
Tribe. Gorj, Criminal Division, sentence no. 24 of January 29, 2019, definitive by decision no. 644 of April
23, 2019 of the CA Craiova, Criminal Section and for cases with minors ( www.rolii.ro )
7
R. Ionescu, Again about the distinction between the offense of constituting an organized criminal group
provided by art. 367 C. pen.. and the aggravating circumstance provided by art. 77 lit. a) C. pen.., in Law no.
10/2019, p. 158
8
ICCJ, Criminal Division, decision no. 82 of March 11, 2015, (www.scj.ro)]

5
 For the existence of this crime "a certain hierarchy of the group members is needed
to retain the structured nature of the group, a certain competition between the members of
the group, without which the action of the group members cannot be coordinated.
The coordinated action of the members of the group concerns the commission of
the crimes - the program for which the group was established and involves a concerted
action and a division of the role of each member, both in order to increase the chances of
success and to realize the clandestine nature of the action and reduce the chances of
discovering the authors.
With regard to the coordinated way of functioning, it is necessary that within the
group there is a pre-established hierarchical subordination, in the sense that the role of each
individual member in committing the crime must be foreseen. Also, the coordinated
character implies planning, organization, control as well as the procurement of tools,
specific means, the use of combinations, etc. Also, the relative stability of the criminal
group is conditioned by its constitution for a certain period of time, a condition that
distinguishes the organized criminal group from criminal participation. It is difficult to
imagine a continuity of the group, especially when the establishment or initiation is aimed
at committing a single crime when, as a rule, we are in the presence of criminal
participation. As a rule, temporal continuity presupposes the stability and constancy of the
organized criminal group, guaranteeing a thoughtful and elaborate planning of criminal
activities, precisely in order not to be doomed to failure. " 9.
The characteristic of the organized criminal group to be constituted for a certain
period of time is appreciated by the doctrine as posing problems in relation to the principle
of the legality of criminalization, since there are no criteria for identifying this quantitative
criterion 10.
Moreover, the definition of the organized group corresponds to the definition given
by art. 1 of the Framework Decision 2008/841/JAI on the fight against organized crime
organized criminal association - criminal organization means a structured association,
established over time, of more than two people, who act in concert to commit crimes (...)
for to obtain, directly or indirectly, a financial or other material benefit (point 1); structured
association means an association that is not randomly formed for the immediate
commission of a crime and that does not necessarily present formally defined roles for its
members, continuity of members or a developed structure (point 2) 11.
9
Tribe. Gorj, Criminal Division, sentence no. 24 of January 29, 2019, namely.
10
http://eur-lex.europa.eu/
11
http://eur-lex.europa.eu/

6
3. Legal-criminal analysis of the offense of forming an organized criminal group

3. 1. Pre-existing conditions of the crime

3.1.1 The object of the crime.

A) The special legal object is the 3 social relations regarding social coexistence
whose existence is conditioned by the defense of social security and the legal order against
the danger generated for these values by the association for the commission of crimes.12

B) The material object - the crime has no material object, the actions of the perpetrators
being reflected on an immaterial value (association).

3.1.2. Subjects of the crime.

a) Active subject - represented by any person who constituted or forms a criminal group. If
in the case of initiation, support and joining the subject can be a single person, in the case
of incorporation there will always be a multitude of subjects (formed pluralism). Those
who support the organized criminal group in any way will have the status of co-
perpetrators. Transversal plurality (provocateurs) can be added to the active subject.
b) The passive subject - is the state, as holder of the right and obligation to ensure public
order and peace, without being a secondary subject.

3.2. The constitutive content of the crime

3.2.1 Objective side.

a) Active subject - represented by any person who constituted or forms a criminal group. If
in the case of initiation, support and joining the subject can be a single person, in the case
of incorporation there will always be a multitude of subjects (formed pluralism) 13. Those
who support the organized criminal group in any way will have the status of co-
perpetrators. Transversal plurality (provocateurs) can be added to the active subject.

Adrian-Catalin Tiganoaia, Criminal Law. Special part I, Ed.CH Beck, Bucharest, 2022, p.154
12

Mihai Adrian Hotca, Manual of criminal law. The general part. Third Edition, Ed. Universul Juridic,
13

Bucharest, 2022, p.121

7
b) the passive subject - is the state, as holder of the right and obligation to ensure public
order and peace, without being a secondary subject.

B) Immediate follow-up - consists in the existence of a state of danger, the threat that the
group will proceed to fulfill the purpose for which it was established.

C) Causality link - exists between the perpetrator's action and the immediate aftermath.

3.2.2. The subjective side.

Under the aspect of the subjective side, the deed is committed by direct or indirect
intention as a form of guilt. Although the crime aims to commit one or more crimes, this
goal directly concerns the material element of the objective side, without affecting the
intention with which the crime can be committed, which can be both direct and indirect. Of
course, however, not every crime can fall within the scope of an association, but only
intentional ones. Thus, the commission of theft, smuggling, speculating, hijacking of
aircraft, escape, crimes against the representative of a foreign state, etc., can be included in
the purpose of the association.14

3.3. Forms. Ways.

a) Forms. The offense is punishable only in the form in which it was consumed and
exhausted. Preparatory work and initiation are not punished. The offense is committed at
the time of committing any of the criminal acts. After the commission of the crime, the
criminal activity is subject to extension in time, either by the initiative of the criminal
(continued crime) or by the nature of the act (continued crime).

In the case of initiation, incorporation or support, the crime is committed by the

presence of a single act of execution or support. In the case of registration or joining, the
activity is naturally extended in time until the offender's activity ceases. As a result, there
will be a moment of exhaustion, which is the cessation of actions to prolong the criminal
activity 15.
Alexandru Boroi, op. cit. p. 131
14

Laura Maria Stanila, Criminal Law. The special part. Seminar notebook. Fourth Edition, Ed. Universul
15

Juridic, Bucharest, 2022, p.163

8
b) Modalities. The four standard methods of initiation, formation, joining, or support have
a variety of realistic modes, and the offense can be committed in any of them.

4. Sanctions

From the point of view of the sanction, in abstract, the new law is favorable; the
special maximum, in any of the two variants, is lower than that provided for in the
corresponding criminal offenses in the old law [5 years - art. 367 para. (1) C. pen..,
respectively 10 years - art. 367 para. (2) C. pen.., compared to 25 years - art. 167 C. pen.
from 1969, 15 years - art. 323 C. pen. from 1969 or 20 years - art. 7 of Law no. 39/2003].
And the special minimum of the simple version [1 year - art. 367 para. (1) C. pen..] is
lower than the special minimum of any of the mentioned crimes; the same situation for the
special minimum of aggravated variants (3 years), except for art. 323 C. pen. since 1969,
the minimum of which is also 3 years 16.

5. Case

By Decision no. 12 of June 2, 2014 of the High Court of Cassation and Justice, the
Panel for resolving legal issues in criminal matters (mentioned above) established that the
facts provided by art. 323 C. pen. from 1969 and art. 8 of Law no. 39/2003, in the
regulation prior to the changes made by Law no. 187/2012, are found in the incrimination
in art. 367 C. pen.., not being decriminalized.
Also, the ICCJ, the Panel for resolving legal issues in criminal matters, by Decision
no. 10/2015, (M.Off. no. 389 of June 4, 2015) established, in the interpretation of art. 367
para. (1) and (6) C. pen.., that, in the hypothesis that with the entry into force of the new
Penal Code, the crime falling within the scope of the organized group has been
decriminalized, one of the essential features of the crime is no longer fulfilled ,
respectively the typicality condition.
It constitutes the offense provided for by art. 367 para. (1) C. pen.. related to art. 5
C. pen.., the act of the defendant who, in May 2010, created a criminal group organized

Valerian Cioclei, Criminal Law. Special part I. Edition 7 - 2022, Ed.CH Beck, Bucharest, 2022, p.164
16

9
together with three other defendants, to which other people later joined, a group formed for
the purpose of committing fraud crimes to the detriment of the CEC civil party B. Within
this group, each defendant had a predetermined role, there was also a hierarchy, the legal
features of the organized group, respectively the continuity of the criminal activity, the
hierarchy of the group members being fulfilled. The group constituted by the defendants
was formed by 4 persons, acted in a coordinated manner for a longer period of time in
order to commit fraud crimes to the detriment of CEC B., by contracting loans with false
documents, the sums of money obtained being divided between the members of the group,
obtaining substantial financial advantages. The organized character of the group also
results from the complexity of the activities carried out through the involvement of several
people at different levels, all activities being carried out in order to obtain the credit 17.
From a subjective point of view, it is necessary that the people who seek the
initiation and establishment of an organized criminal group agree to be part of its structure,
to agree to the goal pursued by the group and the means of achieving it and, finally, to
actively contribute to the achievement this one. In relation to this, the existence of the
organized criminal group cannot be retained as long as, in the case, it was proven that the
main characteristic of the way of acting was sporadic, that the defendant and the other
persons supposed to be part of the group did not all know each other and nor did they each
carry out fixed, well-established activities, and that these people, including the defendant,
were people who were called upon individually and occasionally to procure drugs or to
make such substances available, without being able to establish a connection between their
actions 18. From the comparative analysis of the two legal texts [art. 7 of Law no. 39/2003
and art. 367 para. (1) C. pen..] under the aspect of the accusations brought against the
defendant, namely that in the period 2002-2005 he was part of an organized criminal
group, to which he joined and which he supported since its inception, it is found that under
in terms of the material element of the objective side and in terms of the form of guilt
required by law, there are no differences between the text of art. 7 of the previous special
law and that of art. 367 para. (1) C. pen.. The definition given to the organized criminal
group in the new Penal Code removes the requirement regarding the purpose of forming
the group - obtaining a financial or material benefit directly or indirectly, it being sufficient
to form an organized group only for the purpose of committing one or more crimes ;
therefore, even under this aspect, it cannot be appreciated that the new legal provision has

ICCJ, Criminal Division, decision no. 2243 of July 3, 2014 (www.scj.ro)

17

CA Cluj, Criminal Division, decision no. 160/A of November 30, 2010 (www.portal.just.ro)]
18

10
eliminated any element on which the criminal character of the deed or the form of guilt
depends; on the contrary, it widened the scope of the notion of organized criminal group 19.
A pyramid-structured group, hierarchically organized on delimited levels, made up
of more than ten people, established for a period of time exceeding one year and to act in a
coordinated manner in order to commit the crime of tax evasion, through companies
controlled by members of the group and used to create circuits of tax evasion and ensuring
the profit of the criminal activity, concentrated around a tax warehouse used against the
law, meets all the characteristic features of the organized criminal group 20.
As a result of previous criminal agreements, in order to justify the effective inventory of
purchases of metal waste purchased without documents from natural persons and entities
with the conduct of natural persons, representatives of two commercial companies of the
municipality of Buzău, respectively SC XXX Buzău and SC XXX SRL Buzău agreed, in
addition to eight other commercial companies from the Ilfov district, to draw up false
invoices for the delivery of metal waste by registering under the heading "suppliers" some
companies with fictitious behavior, which did not actually deliver. goods to the privileged
economic agents of the municipality of Buzau.

Based on the fake delivery documents drawn up, their illegal payment is guaranteed
by bank reconciliation of the fictitious suppliers listed in the documents. The latter, on the
basis of false purchase confirmations and receipts not recorded in the accounting records,
demanded and collected in cash all available funds from the bank accounts, which returned
them to the legal entities that delivered funds to the account based on the false invoices. ,
tracking transactions with a fee of 0.5% of the value of each bank transaction, to
defendants who agreed to engage in this fictitious trading and financial loop.
Through interbank transfers on the basis of falsified documents, the true nature, the
illicit goods and the source of revolving funds, resulting from tax evasion crimes, were
hidden.
According to the findings of the financial control bodies, it appears that the total
damage to the consolidated budget is 150,029 Russian lei, which is equal to more than 35.
euros.
In the case, assets worth 1.6 million lei were insured.
The file was transferred to the jurisdiction of the Buzău Court.

ICCJ, Criminal Division, decision no. 609 of February 19, 2014 (www.scj.ro)
19

ICCJ, Criminal Division, decision no. 134/A of April 15, 2019 (www.scj.ro)
20

11
 analyze:
According to art. 367 of the Criminal Code, the offense of forming a criminal group
is the formation or formation of an organized criminal group, or joining or supporting such
a group in any way.
In the case, the defendants were sent to court on charges of forming an organized
criminal group, tax evasion, money laundering, embezzlement and forgery in documents
under private signature prev. art. 367 par., 1, 2, 3 cb, art. 9 para., lit. a, b, c and para. 3 of
Law no. 241/2005 with app. the art. 35 para. 1 CP, art. 29 para. 1 lit. A, B from Law
656/2002 with application. the art. 35 para. 1 CP, art. 295 para. 1 HP with Zen. the art. 35
para. 1 CP and para. 1 HP with Zen. the art. 35 para. 1 CP, simultaneous facts (art. 1 CP)
with the appearance of the matter. 5 hp.
The particular legal object of the crime is the social relations related to social
coexistence, whose existence is conditioned by the defense of social security and the legal
system against the danger arising from these values by the association for the commission
of crimes.
The active subject of the crime is the accused M. YF, N. S, BD, M. ion.
The participants in the crime are also representatives of two commercial companies
from the municipality of Buzău, respectively SC XXX Buză u and SC XXX SRL Buzău,
as well as eight other commercial companies from Ilfov county.
Regarding the material component of the offense of constituting an organized
criminal group, it is characterized by four modes of action: initiation, establishment,
joining and support. In this case, the physical component is to blame.
The persons who committed the acts provided for in para. (1) and para. (2) If the
authorities of the organized criminal group are notified before it is discovered and the
commission of any of the crimes included in the purpose of the group.
If a person commits one of the acts provided for in para. (1) and (3) which
facilitate, in the course of the criminal investigation, the discovery of the truth and the
criminal prosecution of one or more members of an organized criminal group, the special
limits of the punishment are reduced by half (the reason for the mitigation of the
punishment).
In the case, assets worth 1.6 million lei were insured.
The file was forwarded to the jurisdiction of the Buzău Court.

6. Conclusions

12
 Regarding the title of the paper, we can draw the indisputable conclusion that the
most appropriate criminal law applicable to cases whose purpose is the prosecution of an
"organized criminal group" is the United Nations Convention against Transnational
Organized Crime, adopted in New York on November 15. , 2000 and ratified by Romania
pursuant to Law no. 565/2002, published in M.of. no. No. 813 of November 8, 2002, is an
integral part of local law, regardless of whether the acts were committed under the rule of
the old or new law.
Returning to the regulation of the Romanian criminal law, we appreciate that for a
uniform interpretation and application of the legal provisions in this matter, the following
are necessary: - within the crime "organized criminal group - art. 367 v. pen" . To ensure
the actions of association and organization, on the one hand, through the collection action,
the criminal group is "born", and on the other hand, through the activity of the
"organization", a coordinated, disciplined and organized framework. constitutes a
guarantee in the development of the most effective proposed actions; The abandonment of
the term "serious crimes" in favor of the phrase "one or more crimes" is inappropriate and
may lead to uneven application of the provisions of the article. 367 degrees Celsius. By
detaining the organized criminal group for less serious crimes, which we do not think is in
the spirit of the provision of art. 2 lit. a) from the contract; - in the case of the crime of
"organized criminal group" and to a much greater extent in the case of other crimes
contained in the new Penal Code, the Romanian legislator was concerned, among other
things, with the correct and more precise definition. of the concept of criminalizing content
(which is very good), and was less keen on Explaining the meaning and connotation of
certain terms or expressions, leaving this process to doctrine and jurisprudence. In this
sense, we show that in the previously analyzed foreign models, the legislator was
interested in explaining and defining certain terms, expressions, etc.

Bibliography

1. Adrian-Catalin Tiganoaia, Criminal Law. Special Part I , CH Beck Publishing House,

Bucharest, 2022.
2. Alexandru Boroi, Criminal Law. The special part. Edition 5 - 2021 , CH Beck
Publishing House, Bucharest, 2022.

13
3. Cristina Rotaru, Andra Roxana Trandafir, Valerian Cioclei, Criminal Law. Special Part
II. Thematic course. Edition 6 - 2022 , CH Beck Publishing House, Bucharest, 2022.
4. G. Zlati, Considerations regarding the criminalization of the establishment of the
organized criminal group, with reference to art. 367 of the new Criminal Code and
Framework Decision 2008/841/JHA. From the rationale of criminalization to its
consequences and compliance with some principles of criminal law
(www.penalmente.eu)
5. Laura Maria Stanila, Criminal Law. The special part. Seminar notebook. Fourth
Edition , Universul Juridic Publishing House, Bucharest, 2022.
6. Mihai Adrian Hotca, Manual of criminal law. The general part. Third Edition ,
Universul Juridic Publishing House, Bucharest, 2022.
7. R. Ionescu, Again about the distinction between the offense of constituting an
organized criminal group provided by art. 367 C. pen.. and the aggravating
circumstance provided by art. 77 lit. a) C. pen.., in Law no. 10/2019.
8. Valerian Cioclei, Criminal Law. Special part I. Edition 7 - 2022 , CH Beck Publishing
House, Bucharest, 2022

JURISPRUDENCE
1. ICCJ, Criminal Division, decision no. 134/A of April 15, 2019 (www.scj.ro).
2. ICCJ, Criminal Division, decision no. 2243 of July 3, 2014 (www.scj.ro).
3. ICCJ, Criminal Division, decision no. 609 of February 19, 2014 (www.scj.ro).
4. ICCJ, Criminal Division, decision no. 82 of March 11, 2015, (www.scj.ro)].
5. Tribe. Gorj, Criminal Division, sentence no. 24 of January 29, 2019, definitive by
decision no. 644 of April 23, 2019 of the CA Craiova, Criminal Section and for cases
with minors (www.rolii.ro).
6. Tribe. Gorj, Criminal Division, sentence no. 24 of January 29, 2019, namely.

14