actions against the constitutional order, undermining state power, armed action, undertaking violent actions, predictability of criminal law, direct intent qualified by purpose, preparatory acts
Abstract
The analysis of the crime of actions against the constitutional order reveals a legislative redefinition through the merging of old incriminations. This paper aims to interpret and (re)define the concepts of “constitutional order” and “state power”, drawing on the French regulatory model. It also addresses the issue of the absence of a tangible material object of the offense and analyzes the active subject, seeking to highlight the necessity, or lack thereof, of the act being committed by a certain number of persons. At the same time, a central point of the article is the definition of the notion of “armed action”, which constitutes the material element of the offense in its basic form. The approach emphasizes the lack of predictability in Romanian criminal law in contrast with the French model of regulation. Finally, the article examines the immediate consequence of the offense, clarifying whether we are dealing with a result-based offense, one of concrete danger, or one of abstract danger. It also discusses issues related to the culpability required by law and the criminalization of attempts and preparatory acts.
