The New Romanian Criminal Code and the Current Romanian Criminal Code, Related to Prior Complaint in Case of Abuse of Office

• Author: Alexandru Boroi - Angelica Chirila
• Position: Professor, PhD, 'Danubius' University of Galati, Romania - Senior Lecturer, PhD, 'Danubius' University of Galati, Romania
• Pages: 35-39

Legal Sciences

35

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The New Romanian Criminal Code and the Current Romanian Criminal

Code, Related to Prior Complaint in Case of Abuse of Office

Alexandru Boroi

1

, Angelica Chiril

2

Abstract: According to paragraph 2, art. 258, Criminal Code, introduced by the sole article of Law. no. 58 as

of 19

th

March 2008, published in the Official Gazette no. 228/25 as of March 2008, “In the case provided at

para 1, for the facts set out in art. 246, 247 and 250 para. 1-4, the criminal proceedings shall be initiated at the

prior complaint of the aggrieved party, except for those that have been committed by a person out of those

mentioned in Ar ticle 147, para 1”. Thus, the criminal proceedings shall be initiated at the prior complaint of

the aggrieved par ty in case of abuse of office against the interests of persons, abuse of office by limitation of

some rights, abusive behavior, when these crimes are committed by other officials, according to art. 147. para

2, Criminal Code. Changes brought by the Romanian Criminal legislator to art. 258, Criminal Code, had in

view, obviously, the nature of the protected interest. The legislator appraised that there is no justification to

further allow the initiation of ex officio criminal proceedings in c ase of injuring some private interests like

those covered by these three articles (Articles 246, 247 , 250, para. 1 - 4 Criminal Code). In the new Cr iminal

Code, the legislator does no longer provides the condition of formulating t he prior complaint in the case of

perpetrating the facts of abuse of office by other off icials or by other persons assimilated to public officials, as

in the actual Criminal Code. As in the new Criminal Code it is not provided t he existence of prior complaint

of the aggrieved party, as condition of the fact of being susceptible of punishment and initiating the judicial

procedure, in what concerns committing cer tain acts of abuse of office, makes t hat the actual Criminal Code

becomes mitior lex.

Keywords: abuse of office; prior complaint; aggrieved party; more advantageous criminal law

1. General Considerations about the Prior Complaint

Lato sensu, any claim made by the person who was the victim of an offence is called a complaint. But

when the law conditions the initiation of criminal proceedings by the intervention of a complaint, than

the complaint is given the rating of prior, because it must precede any other procedural activity

(Dongoroz, 1939, p. 580).

Professor Vintila Dongoroz shows that the prior complaint has as reason the need to enable the

conciliation of the collective interests with the private interests, for those offenses to which protecting

the latter prevails (Dongoroz, 1939, p. 581).

Arguments in supporting the conditioning of criminal accountability by the existence of a prior

complaint for certain categories of offenses, although different in form, according to the types of

criminal offenses, however, have a common feature, a common content - namely, the interest of

protecting individuals, interest that becomes social interest, in relation to the consequences of the

crime.

Criminal Law provides in terminis the offenses for which criminal proceedings shall be initiated at the

prior complaint of the aggrieved party, the legislator itself delimiting the range of offenses for which

1

Professor, PhD, ”Danubius” University of Galai, Romania. Address: 3 Galati Blvd, Ga lati 800654, Romania, tel:

+40.372.361.102, fax: +40.372.361.290, Corresponding author: alexandruboroi@yahoo.com.

2

Senior Lecturer, PhD, ”Danubius” U niversity of Ga lati, Romania. Address: 3 Galati Blvd, Gala ti 800654, Romania, tel:

+40.372.361.102, fax: +40.372.361.290, e-mail: chirila_angelica@univ-danubius.ro.