CONSIDERATIONS REGARDING THE REGULATION OF THE OFFENCE OF PERJURY IN THE ROMANIAN CRIMINAL CODE
CONSIDERATIONS REGARDING THE REGULATION OF THE OFFENCE OF PERJURY IN THE ROMANIAN CRIMINAL CODE

Summary/Abstract: One of the fundamental principles of the criminal process is the principle of finding out the truth, and the purpose of the criminal process is to bring the person guilty of committing a crime to criminal responsibility. In order for a person to be held criminally liable, it is necessary to know exactly and completely the facts committed, the way in which they happened, as well as their author. For this purpose, witness statements are also necessary, which represent important evidence in the criminal process. However, if the suspect and the accused benefit from the right to remain silent, the situation of the person heard as a witness is totally different, since, at least in the first phase of the criminal process, he is in a quite vulnerable position, he is in a rather vulnerable position, determined by the legal obligation he has to make known all the information he possesses. Otherwise, the witness himself will be held criminally liable. In the context of the regulations in force, a problem that gave rise to many controversies both in doctrine and in practice, with the courts giving non-unitary solutions, was also that of establishing the legal classification in the crime of perjury or in that of favoring the perpetrator of the deed of a person who, having the capacity of a witness, makes petty statements during the hearing or does not say everything he knows in order to prevent or hinder the investigations in a criminal case, to bring him to criminal liability or to execute a punishment or custodial measures.

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