The „temptation” of the teacher to assume the student’s creation unjustly and as author and the possible consequence of criminal nature Cover Image
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„Ispita” profesorului de a-şi însuşi pe nedrept şi ca autor creaţia studentului şi posibila consecinţă de ordin penal
The „temptation” of the teacher to assume the student’s creation unjustly and as author and the possible consequence of criminal nature

Author(s): Radu Zidaru
Subject(s): Criminal Law
Published by: Uniunea Juriștilor din România
Keywords: student; professor; university; author; paper; intellectual theft; the Law No 8/1996;

Summary/Abstract: The entire educational process to which the future student adheres involves, among other things, the acquisition by him of academic honesty, the essential value lacking which education and research would not be possible. Academic honesty, as a value resulting from the multitude of legal and infralegal provisions, refers to the compliance with the condition that the paper must be the result of the research of the one who presents it to the academic environment, as author. Excluding some exceptions, the student who is in the beginning years of the bachelor’s degree, master’s degree or doctorate cannot be said to be carrying out a genuine research activity, but he is educated in matters of research, acquiring the methods of carrying out this noble occupation. And, at the same time with this formative process, the student acquires academic honesty with the help of university-level teachers and of the legal norms which are applicable to him. A brief distinction must be made here, in the sense that, if the legal norm is qualified by the doctrine as impersonal1, „lacking feeling”, what the university teaching staff conveys to the students, through his acts or deeds, in the context of the process of acquiring the mentioned value, will be the subject of a personal analysis of the student, in relation to the ethics and integrity of the one appointed to shape the destinies of those at the beginning of their journey. The premise of my modest approach is the experience of an event that reflects the aforementioned title, a fact for which I will analyze in the following, in a proper manner and with relevance for those who carry on their activity in the field of ethics and academic integrity, the deed of the university teaching staff to assume, unjustly and as author, the creation of the student and its possible consequence in the sphere of criminal law.

  • Issue Year: 2023
  • Issue No: 09
  • Page Range: 84-95
  • Page Count: 12
  • Language: Romanian