Brief considerations regarding the notion of “communicating with” from the content of the interdiction provided in art. 215 para. (2) let. d) the final thesis from the Code of Criminal Procedure Cover Image

Scurte considerații asupra noțiunii de „a comunica cu” din conținutul interdicției prevăzute la art. 215 alin. (2) lit. d) teza finală din Codul de procedură penală
Brief considerations regarding the notion of “communicating with” from the content of the interdiction provided in art. 215 para. (2) let. d) the final thesis from the Code of Criminal Procedure

Author(s): Irina Cornelia Munteanu
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law
Published by: Universul Juridic
Keywords: judicial control; the obligation not to contact other persons; telephone call not followed by an answer;

Summary/Abstract: This paper explores whether the defendant breaks his legal obligation not to contact a certain person – according to art. 215 paragr. (2) lett. d) final thesis of the Romanian Criminal Procedure Code – when he repeatedly, successively, calls by telephone that person, who does not answer. Analysing this legal text from a grammatical, logical and teleological perspective, it follows that the repeated, successive telephone call of the defendant of that person, that does not answer, falls under the up-mentioned obligation, fact which also ensues from the analysed judicial decisions.

  • Issue Year: 2022
  • Issue No: 1
  • Page Range: 142-145
  • Page Count: 4
  • Language: Romanian