The material element in the basic form of the offense of abusive behavior

Author:Mihaela Rotaru
Position:Alexandru Ioan Cuza Police Academy, Bucharest
Pages:169-174
SUMMARY

Legal rules are dynamic, meaning that they change depending on the evolution of the society at a certain time, in order to successfully meet the needs of regulation of social relations. The Criminal Code is no exception to this rule. Insult and slander have been decriminalized by the Law no. 278/2006, a situation which has led to changing legal content of other crimes, such as outrage, referred... (see full summary)

 
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169 Volume 2, Issue 1, December 2011 Juridical Tribune
The material element in the basic form
of the offense of abusive behavior
Assistant Professor Mihaela ROTARU1
Abstract
Legal rules are dynamic, meaning that they change depending on the evolution of
the society at a certa in time, in order to successfully meet the needs of regula tion of social
relations. The Criminal Code is no exception to this rule . Insult and slander have been
decriminalized by the Law no. 278/2006, a situation which has led to changing lega l
content of other cr imes, such as outr age, referred to in Art. 239 Criminal Code, by
repealin g its basic var iant, rela tive to insult a nd slander. Instead, at the offense of abusive
behavior, r eferred to in Art. 250 Criminal Code , the basic var iant, represented by ,,the use
of offensive language”, remained in force.
Keywords: insult, slander, outr age, abusive behavior, decriminalization .
JEL Classification: K14, K42
Introduction
1. The paper aims to analyze how the legislator has chosen to describe the
offense of abusive behavior, referred to in Art. 250 Criminal Code, in its basic
variant, while the Law no. 278/2006 has decriminalized insult and slander, by
repealing Articles 205 to 207 of the Criminal Code. The basic form of the offense
of abusive behavior is described as ,,the use of offensive language against a person
by a public official in the performance of his duty".
2. The issue is important because it enables us to analyze whether the
legislator was consistent in criminalizing certain behaviors or if it has created a
treatment in terms of enforcement of criminal law only for a certain group of
persons. The subject is topical, given the imminent entry into force of the new
Criminal Code.
3. The starting point of the analysis is represented by the provisions of the
Criminal Code in force, but we also refer to the provisions of the Constitution and
last but not least to those of the New Criminal Code.
4. This paper does not reproduce what already exists in this field, but if
analyzes the legal provisions of the material element of the offense of abusive
behavior, in its basic form, through the decriminalization of insult and slander.
1 Mihaela Rotaru - ,,Alexandru Ioan Cuza” Police Academy, Bucharest,
mihaela.rotaru@academiadepolitie.ro.

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