Concurrence of Criminal Law Norms

Abstract

 This paper examines the institution of the concurrence of criminal law norms as a key mechanism ensuring coherent legal classification when a single act appears to fall under multiple incriminating provisions. The analysis focuses on the traditional criteria — speciality, subsidiarity, and absorption — and their role in defining the scope of criminal liability in accordance with the legislator’s intent. Drawing on the doctrinal contributions of Vintilă Dongoroz, George Antoniu, Boroi, and Anghelescu, the study emphasizes that the concurrence of norms concerns the plurality of legal texts rather than the plurality of acts, thereby giving concrete effect to the non bis in idem principle. The paper highlights the methodological priority of addressing the concurrence of norms before examining a potential concurrence of offences. In light of the expanded incriminations introduced by the 2014 Criminal Code, this institution becomes essential for preventing normative overlap and preserving the internal coherence of the criminal justice system.