Interference of criminal
legislation and criminal
procedure law in some cases
of suspension of the
individual employment
contract Cover Image

Interferențe ale legislației penale și procesual penale în unele cazuri de suspendare a contractului individual de muncă
Interference of criminal legislation and criminal procedure law in some cases of suspension of the individual employment contract

Author(s): Ioan Ciochina-Barbu
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: suspension; employment relationships; service reports; criminal acts; decisions; the Constitutional Court

Summary/Abstract: We appreciate that therecent legislative changes as well as theconsiderations of Constitutional Courtdecisions, quoted in this material, expressthe trend of enhancing the warrantiesaccompanying the suspension ofemployment relationships or suspensionfrom office, in order to ensure not onlythe objective character of this measurewith wide-range consequences for thoseaffected by it, but also intervenes insubstantiated cases, least subjected touncertainties. At the same time, webelieve that the legislative interventionsthat had as purpose to amend certainprovisions relating to the status, rightsand obligations of certain categories ofstaff -prosecutors, judges, police, civilservants and civil servants with specialstatus - were made to assimilate at thelevel of special criminal and noncriminallegislation the effects of new categories ofpreventive measures not provided for inthe previous legislation, such as housearrest and judicial review as well as thegoal of correlation with the new solutionsof not indicting, respectively theresolution of criminal proceedingswithout a conviction, provided for by theCode of Criminal Procedure.

  • Issue Year: V/2016
  • Issue No: 2
  • Page Range: 555-580
  • Page Count: 26
  • Language: English, Romanian