G.E.O. 13: The Abuse in the Line of Duty - Between Legality and Formality

• Author: Ana Alina Ionescu Dumitrache, Razvan-Alexandru Condunina
• Pages: 446-456

European Integration - Realities and Perspectives. Proceedings 2017

446

G.E.O. 13: The Abuse in the Line of Duty - Between Legality and

Formality

Ana Alina Ionescu Dumitrache1, Razvan-Alexandru Condunina2

Abstract: After parliamentary elections which have marked the end of the year 2016, the Romanian nation

hoped to step into a new era, lacking political wars and ambitions of the politicians for more than a decade in a

titanic battle for power, forgetting their actual primordially purpose : the welfare of the Romanian people which

has provided them confidence. This fight was observed and even blamed by partners of Romania in the

European Union, which, by its institutions, has taken the act and sentenced the negative effects of this political

battles, factually preventing the Romanian nation to evolve on a statue by which should be regarded as an equal

with the o ther Member States of the European Union. The Year 2017 started in a totally unexpected, with a

protest at the national level, arising out of the project as regards pardon certain punishments, followed closely

by the adoption of the G.E.O. 13 The new Government invested, who was watching the agreement has some

regulations of the Criminal Code and the Code of Penal Procedure, with the decisions of the Constitutional

Court of Romania and by the Venice Commission. Controversies created, communication faulty,

misinformation and manipulation of the media which have practically split the society - made from the offense

of “abuse in the line of duty” (the principal aim of the G.E.O. 13) a topic that deserves careful analyzed from

the perspective of constitutional law, criminal law, but also of the Administrative Law, which - from my point

of view, could have a decisive role in achieving this real problems. We will try in this scientific approach to

expose the personal opinions on this topic, our research being supported by an analysis which correspond to

the legal status of the specific regulations on the grounds and the own work designed to shape possible solutions

for the subject covered.

Keywords: pardon; amnesty; abuse in the line of duty; emergency decree

1. Introduction

The incrimination of the deed of abuse in the line of duty is undoubtedly at the present time a necessity

of the Romanian society. The will of the legislature criminal law was to prevent and combat the abusive

acts of officials and of the civil servants. This feat was considered to be a serious and with a social threat

high, as committing them by persons occupying public offices (by their nature should apply and to

defend the law, to be examples of integrity and fairness) represents a true threat not only to the address

of the society and the rule of law.

Should be observed outlining the concept of a public servant of the legislator in article 1753 from the

Penal Code. We will notice that this notion doesn't refer strictly to the employees of the public

1Coordinator, Senior Lecturer, PhD, Faculty of Law, Danubius University of Galati, Romania, Address: 3 Galati Blvd., Galati

800654, Romania, Tel.: +40372361102, Corresponding author: alinadumitrache@univ-danubius.ro.

2 Student, Faculty of Law, Danubius University of Galati, Romania, Address: 3 Galati Blvd., Galati 800654, Romania, Tel.:

+40372361102, E-mail: razvan_alex_86@yahoo.com.

3 Article 175 Civil Servant (1) public servant, for the purposes of criminal law, is the person who, by way of a permanent or

temporary basis, with or without remuneration: (a) shall exercise the powers and responsibilities, laid down under the law with

a view to the completion of the prerogatives of the legislative, executive or judicial proceedings; (b) to exercise a function of