SOME CONSIDERATIONS ON THE MEANING OF THE NOTION OF POLICEMAN ACCORDING TO DECISION NO. 19/2020 PRONOUNCED BY HCCJ – THE PANEL FOR RESOLVING LEGAL ISSUES IN CRIMINAL MATTERS AND FOR RESPECTING THE PRINCIPLE OF LEGALITY OF INCRIMINATION
SOME CONSIDERATIONS ON THE MEANING OF THE NOTION OF POLICEMAN ACCORDING TO DECISION NO. 19/2020 PRONOUNCED BY HCCJ – THE PANEL FOR RESOLVING LEGAL ISSUES IN CRIMINAL MATTERS AND FOR RESPECTING THE PRINCIPLE OF LEGALITY OF INCRIMINATION

Summary/Abstract: The High Court of Cassation and Justice was invested with solving the following legal problem: "if the notion of police officer provided by Article 257 (4) of the Criminal Code has a narrow meaning and refers only to police officers whose activity and status are regulated by Law No. 218/2002 on the organization and functioning of the Romanian Police Force and Law no. 360/2002 regarding the Statute of the Policeman or if it has a broad, general meaning which also includes the local policemen whose activity and status are regulated by Law no. 155/2010 of the Local Police and Law no. 188/1999 on the Statute of civil servants". The Supreme Court ruled that in interpreting the provisions of Article 257 (4) of the Criminal Code, the notion of "police officer" also refers to the person exercising the function of local police officer under the Local Police Law no. 155/2010. Although this decision of the supreme court is binding from the date it was published in the Official Gazette of Romania, in this paper I set out to show the arguments why I consider that the solution adopted in resolving this issue of law is erroneous, violating the principle of legality of incrimination.

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