Acts of aggression committed by military personnel and against military personnel during or in connection with the exercise of official duties

Abstract

This article aims to address, from a general to a specific perspective, several scenarios in which acts of aggression committed by military personnel or against military personnel during or in connection with the exercise of official duties with the goal of determining the correct legal qualification. Due to the excessive regulation present in the Criminal Code, the overlaps between incriminating provisions, and the outdated nature of some criminal law norms, this endeavour may be proven challenging for legal practitioners. The issue under discussion is also difficult because of the lack or insufficiency of case law and special literature guidance.
As such, the practitioner tasked with establishing a legal qualification in such cases is compelled to return to fundamental principles and basic rules in interpreting criminal law norms.
Although the proposed topic could be explored in depth in monographs or specialized textbooks, this brief article aims to provide reasoned solutions for certain scenarios that may arise in practice and to serve as a wake-up call for improving the legislation.