BONA FIDES IN THE REGULATIONS OF THE CRIMINAL CODE AND IN THE REGULATIONS OF THE CODE OF CRIMINAL PROCEDURE. GENERAL CONSIDERATIONS
BONA FIDES IN THE REGULATIONS OF THE CRIMINAL CODE AND IN THE REGULATIONS OF THE CODE OF CRIMINAL PROCEDURE. GENERAL CONSIDERATIONS

Summary/Abstract: In the legal literature, the expression „good faith”, the Romanian equivalent of the much better known Latin expression „bona fides”, is one of the terms that have been the subject of much research and reflection. What is even more interesting is that the expression „good faith” is often used by the Romanian legislator, as many normative acts in force have provisions in their content whose meaning or authority is given precisely by the presence or specification of the sentence mentioned. For example, in the Civil Code, article 14 regulates „good faith”, which is defined as „the exercise of rights and the performance of civil obligations in accordance with public order and morality”. With regard to the Criminal Code and the Code of Criminal Procedure in force, the presence of the concept of „good faith” is characterized by an interesting choice by the legislator, namely the use and frequency of the antithetical expression „bad faith” which, unlike „good faith”, confers greater authority and punitive character on the criminal rules.

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