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

Author:Ion Rusu
Pages:119-124
SUMMARY

Motivated by the lack of this incrimination in the 1969 Criminal Code, in this paper we have proceeded in examining the offense of evading removal 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... (see full summary)

 
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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.

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