VALIDITY CLAUSE IN THE CRIME OF CARRYING WEAPONS WITHOUT A LICENSE

IN LIGHT OF SUPREME COURT PRINCIPLE NO. 418/61, ISSUED ON 3/3/2019

Abstract

The crimes of carrying or possessing weapons without a license are dangerous crimes, which do not raise any difficulty regarding the statement of its elements and what is necessary for the establishment of its legal structure as defined by the legislator, but the Supreme Court principle No. 418/61, issued on 3/3/2019, and what is stated therein requires research, to find out the extent to which the validity of the weapon is required for use to commit the crime, and how to prove this condition, especially in the case of non-seizure of the weapon?  To what extent this requirement is compatible with the interest under protection, and the research deals with answering the questions posed by following the critical and comparative analytical approach in some parts to reach confirmation of the results of the research, which is heading in its entirety towards the need to adhere to the text and not to load it more than it is likely with an expanded judicial interpretation that moves away from the legislator's goal of criminalization.