Evading Removal Measures on the Romanian Territory According to the Romanian Law

• Author: Ion Rusu
• Pages: 119-124

ISSN: 2067 – 9211 Legal Sciences in the New Millennium

119

Evading Removal Measures on the Romanian

Territory according to the Romanian Law

Ion Rusu1

Abstract: Motivated by the lack of this incrimination in the 1969 Criminal Code, in this paper we have

proceeded i n examining the offense of evading r emoval measures in the country. In the paper we have

considered the examination of the pre-existing elements of the offense, of its constitutive content, as well as

of the legislative precedents. We also considered the examination of the similarities and differences between

the two texts, which are absolutely necessary in the application of the more favorable criminal law in

transitory situations. The novelties concern both the examination of the constitutive content of the offense and

the comparative examination of the two crimes. The work may be useful to the university environment as

well as practitioners in this field.

Keywords: the objective side; the subjective side; the legislative precedents

1. Introduction

The offense of evading removal measures on the Romanian territory is part of the group of offenses

related to state authority and border, a group mentioned separately under Title III of the Special Part of

the Criminal Code.

Provided in art. 265 of the Criminal Code, the offense consists in the act of a foreign citizen against

whom the measure of the removal from the territory of Romania was ordered, or the prohibition of the

right of residence was ordered, to avoid the fulfillment of the obligations established by the competent

authorities.

According to the recent doctrine, “After the entry into force of the Criminal Code, in 2014, by G.O. no.

25/2014 regarding the employment and detachment of foreigners on the territory of Romania and for

the modification and completion of some normative acts regarding the aliens' regime in Romania, the

normative framework for fulfilling the criminal norm of art. 265 Criminal Code has been consistently

modified in a manner that influences the very content of the offense. For example, the notion of

removal from Romania was replaced by three notions of return, expulsion and removal under escort”

(Gorunescu et al., 2016, p. 387).

1 Professor, PhD, Faculty of Law, Danubius University of Galati, Romania, Address: 3 Galati Blvd., Galati 800654,

Romania, Tel.: +40372361102 & Lawyer at Vrancea Bar, Corresponding author: ionrusu@univ-danubius.ro.