II. DEZBATERI RRDJ 1. Răspunderea disciplinară a magistraților
II. RRDJ DELIBERATIONS 1. Disciplinary liability of magistrates

Summary/Abstract: Disciplinary offense represented by „the undignified conduct towards colleagues, other staff of the court or the prosecutor’s office in which one operates, judicial inspectors, lawyers, experts, witnesses, litigants or representatives of other institutions while performing one’s duties” and governed by art. 99 letter c) of Law no. 303/2004 on the status of judges and prosecutors, republished, is not new, as it also existed before the changes brought by Law no. 24/2012, including the Law no. 92/1992 on judicial organization, even if it did not have a name as comprehensive as today, and covers any undignified conduct committed by a judge or a prosecutor under certain special conditions. This disciplinary offense is closely related to another offense, namely that provided by art. 99 letter a) of Law no. 303/2004 so that to make a proper legal classification we should bear in mind the differences existing between the two disciplinary offenses, namely: disciplinary offense stipulated by letter a) refers to all the events affecting the honour and professional integrity or prestige of the judiciary, and it has a general character, while the disciplinary offense governed by letter c) relates only to the undignified conduct of a magistrate, so it has a special character, referring only to a strictly limited matter, and not to all attitudes that could be classified as disciplinary offenses; events affecting the honour and professional integrity or prestige of the judiciary may be committed during the exercise or outside the exercise of duties, while undignified conduct can be committed only during the exercise of one’s duties; events affecting the honour and professional integrity or prestige of the judiciary must have occurred in public or must have reached the public, while undignified conduct committed by a magistrate is not necessary to meet such a requirement; passive subject in the case disciplinary offense regarding events affecting the honour and professional integrity or the prestige of justice is the State, as the general representative of society and largely interested in keeping unaltered the professional duties or rules of conduct, as they are set by laws and regulations; however, in the case of disciplinary offense regarding undignified conduct while performing one’s professional duties, passive subjects are the fellow magistrates, the other staff of the Court or Prosecution Service in which it operates, judicial inspectors, lawyers, experts, witnesses, litigants or representatives of other institutions. For this disciplinary offense to exist in terms of the material element, two conditions must be met cumulatively: magistrate’s undignified conduct to be achieved through action or inaction against one of the main passive subjects indicated expressly in text of the law, and it must occur while performing duties. In terms of the subjective side, a disciplinary offense may be committed only intentionally, in both its ways; the motive which determined the judge or the prosecutor’s action and purpose of their existence does not condition the subjective side, which can be considered only when individualizing the imposed sanction.

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