Aspecte teoretice și practice vizând obligația sesizării organelor de urmărire penală de către persoanele cu funcție de conducere în cadrul unei autorități a administrației publice, în lumina art. 291 C. pr. pen.
Theoretical and practical aspects regarding the obligation of persons holding management positions within a public administration authority to report to the criminal investigation authorities, in light of Article 291 of the Criminal Procedure Code

Summary/Abstract: The paper analyzes from a theoretical and practical perspective the legal obligation of persons with management positions within a public administration authority and other categories of civil servants to immediately notify the criminal prosecution bodies when, in the exercise of their official duties, they become aware of the commission of a crime for which criminal proceedings are initiated ex officio. This obligation is regulated by art. 291 of the Criminal Procedure Code and is imperative, and its failure to comply constitutes the crime of omission to notify, provided for by art. 267 of the Criminal Code. At the same time, the structure of this crime is also presented. The notification provided for by art. 291 of the Criminal Procedure Code constitutes a professional denunciation, of a mandatory nature and does not represent a special form of notification, but a general one, which is subsumed under the common legal framework and does not condition the initiation of criminal proceedings. Despite the mandatory nature of notification, recent judicial practice on the matter of the crime of failure to notify in relation to persons holding a management position within a public administration authority is non-existent, which raises questions regarding the effective applicability of the regulation.

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