Obstructing justice according to the Romanian law. The preexistent elements and the constituent content

Author:Ion Rusu
Pages:163-177
SUMMARY

Within the present study we have examined the constitutive content and the preexisting elements of the crime of obstructing justice. We should specify that this offense was not provided in the previous Criminal Code, representing from this point of view a novelty element for the new Criminal Code. However, we pointed out that the offense with similar legal content, without a marginal name, was... (see full summary)

 
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Obstructing justice according to the Romanian law.
The preexistent elements and the constituent content
Professor Ion RUSU1
Abstract
Within the present study we have examined the constitutive con tent and the pre -
existing elements of the crime of obstructing justice. We should specify that this offense was
not provided in the previous Criminal Code, representing from this point of view a novelty
element for the new Criminal Code. However, we pointed out that the offense with similar
legal content, without a marginal name, was also provided in two o ther normative acts,
namely Law no. 85/2006 on Insolvency Procedure and G.E.O. no. 46/2013 regarding the
financial crisis and the insolvency of the administrative-territorial units. The novelty
elements of this paper aim both at examining the constitutive content, the preexisting
elements, as well as in the comparative ex amination of the provisions of the present
incrimination and the one existing in the normative acts referred to above. Also, as a
novelty, we also support the necessity o f completing the provisions of the law by including
in its content, as bodies with attributions in the field, the judge of the preliminary chamber
and the jud ge of rights and freedoms, institutions that cannot be assimilated to the term of
court. This paper is part of a broader work to be published early next yea r, continuing to
investigate crimes in the light of the new law. The work may be u seful to students of law
faculties, master students, and law practitioners.
Keywords: offense; material element; essential requirements; subjective side .
JEL Classification: K14
1. Introduction
Obstruction of j ustice was not provided for in the Criminal Code of 1969,
which is why, in terms of the marginal name and partly the legal content, it is
represented as a novelty element of incrimination in the Romanian Criminal Code.
This offense consists in the act of a person who, being warned of t he
consequences of his deeds, performs one of the following actions or inactions:
- prevents, without right, the criminal prosecution body or the court to
carry out, under the law, a procedural act;
- refuses to make available to the criminal investigation body, the court or
the syndic judge, in whole or in part, t he held data, information, documents or
assets explicitly required by the law in order to settle a case.
1 Ion Rusu - “Danubius” University of Galaţi, lawyer of the Vrancea Bar, Romania,
av.ionrusu@yahoo.com.

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