INFRACȚIUNEA DE TULBURARE A ORDINII ȘI LINIȘTII PUBLICE. ASPECTE TEORETICE ȘI PRACTICE
THE OFFENCE OF DISTURBING PUBLIC ORDER AND PEACE THEORETICAL AND PRACTICAL ASPECTS

Summary/Abstract: Fundamental rights of the citizens are protected, including through criminal law. From the perspective of social coexistence norms, it is important to update the relevant legal framework so that it responds to the need to protect social values. The set of rules of social coexistence also includes those concerning public order and peace. In this context, it should be noted that the rule criminalizing the offense of disturbing public order and peace was amended by point 10 of the sole article of Law No. 248/2023 amending and supplementing Law No. 286/2009 on the Criminal Code, with the legislator arguing, in the explanatory memorandum to this law, that it is necessary to „ensure full protection of the current need for citizen safety.” It is interesting to analyze how the criminalization norm applies to different situations in everyday life.

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