Omission to notify the criminal investigation bodies in the exercise of the public function

• Author: Anca Lelia Lorincz - Tatiana Oprea
• Position: Alexandru Ioan Cuza' Police Academy, Bucharest, Romania - 'Alexandru Ioan Cuza' Police Academy, Bucharest, Romania
• Pages: 111-119

OMISSION TO NOTIFY THE CRIMINAL INVESTIGATION BODIES IN

THE EXERCISE OF THE PUBLIC FUNCTION

Professor Anca Lelia LORINCZ

1

PhD. student Tatiana OPREA

2

Abstract

This present study treats some aspects regarding the exercise of pu blic office, from the perspective of criminal

law and criminal procedu ral law. The violation of criminal legal norms, including by civil servants, leads to the

appearance of one right conflict, the solution of which presupposes to draw the criminal liability of the perpetrator,

following the deployment of a whole of activities that are part of the criminal proceeding. Applying the sanction

corresponding to th e criminal norm violated presupposes so therefore a criminal trial, which is why is useful one

analysis, from the perspective criminal procedural law, of some aspects which visa the criminal liability of the civil

servants. So that starting with a little theoretical considerations rega rding of the intimation ways of the criminal

prosecution bodies, stipulated by law to be possible to begin a criminal trial, then this study continues with the

approach, inclu ding by reference to aspects of ju dicial practice, of the conditions in which may be engaged the civil

servant's criminal liability to committing the offense of omission of the r eferral.

Keywords: referral, criminal trial, public servant, Criminal Code, Criminal Procedure Code.

JEL Classification: K14, K23

1. Introductory considerations on the referral of the criminal investigation bodies

The violation of the criminal legal norms, including by civil servants, leads to the creation of

a conflict of law, the conflict of which involves the criminal prosecution of the person who

committed the offense, following the carrying out, by the judicial authorities, of a set of activities

which are part of the criminal process. In other words, the application of the sanction corresponding

to the violated criminal legal norm involves a criminal proceeding, which is why it is useful one

approach from the perspective of the criminal procedural law of some aspects which visa the

criminal liability of civil servants.

At the begin of criminal proceeding

3

, by starting criminal prosecution, judicial bodies must

be notified of the offense by one of the means of referral provided by law.

The doctrine defined

4

the intimation ways of the criminal bodies, being that ways by which

the criminal investigating body knows, according to law, the commission of an offense, giving birth

to its obligation to rule on the commencement of the criminal prosecution of that offense.

Also in the legal literature

5

were made several classifications of the ways of referral of the

criminal investigative body, of which:

a) depending on the source of information, a distinction can be made between external

referrals and internal referral modes;

External referral modes (complaint, denunciation) come from persons who are not part of

the structure of the criminal investigation body.

Means of internal referral (ex officio notification, acts concluded by some of the finding

bodies) come from the investigative activity of the criminal investigation bodies or other operative

workers from the Ministry of Internal Affairs.

1

Anca Lelia Lorincz - "Alexandru Ioan Cuza" Police Academy, Bucharest, Romania, lelia.lorincz@gmail.com.

2

Tatiana Oprea - "Alexandru Ioan Cuza" Police Academy, Bucharest, Romania, oprea.tatiana@yahoo.com.

3

The criminal procedure, as regulated by the provisions of the current Criminal Procedure Code (Law no.135/2010, published in the

Official Gazette no.486/15 July 2010, with subsequent amendments and completions), is structured in four phases: criminal court,

preliminary chamber, trial and enforcement of the final criminal judgment.

4

Grigore Theodoru, Criminal Procedural Law, Special Part, Cugetarea Publishing House, Iaşi, 1998, p.82.

5

Ion Neagu, Criminal Procedure Treaty, PRO Publishing House, Bucharest, 1997, p. 417-418; Grigore Theodoru, Lucia Moldovan,

Criminal Procedural Law, Didactic and Pedagogical Publishing House, Bucharest, 1979, p. 204.