Considerații în legătură cu conținutul constitutiv al infracțiunii de violare a vieții private în forma incriminată în alineatul (2) al articolului 226 din Codul penal
Considerations in relation to the constituent content of the offence of violation of private life in the form incriminated in paragraph (2) of Article 226 of the Criminal Code

Summary/Abstract: The article is set to debate the particularities of the constituent elements of the offence of violation of private life in the form incriminated by paragraph (2) of Article 226 of the Romanian Criminal Code. The emphasis lays especially on the manner in which this form of committing the offence should be retained in relation to paragraph (1) of the Article and in respect to connotations that the protection of the private life and the need of the foreseeability of the criminal law have in the jurisprudence of the European Court of Human Rights. The article identifies what we regard as potential flaws of the text derived from opposite solutions embraced by the national courts and discusses the need for de lege ferenda proposals.

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