Infracțiunea de executare de lucrări fără autorizație de construire sau de desființare ori cu nerespectarea prevederilor acesteia. Stare de necesitate.
The offense of execution of construction works without a building or demolition license or by failing to comply with the provisions thereof. State of emergency.

Summary/Abstract: The act of the defendant to carry out, without authorization, several construction works in a building classified as a historical monument meets the constitutive elements of the offense of execution without construction authorization of the works mentioned in under art. 3 par. (1) b) of Law no. 50/1991 on the authorization for performing construction works, republished, with subsequent amendments, act set out by art. 24 par. (1) a) of the same law with application of art. 5 of the new Criminal Code. In this case, the conditions justifying the state of necessity are not met neither in relation to the committed act nor to the existence of an immediate danger for the social values enumerated at art. 20 of the new Criminal Code. Therefore, the extension works to her apartment are not likely to remove the consequences arising from an eventual earthquake, being made rather to increase the dwelling space than to consolidate the building. The court is bound to order the restoration of the situation before the offense was committed, in so far as it results in a situation contrary to the legal order, originating from the very committed offense, situation which persists at the time when the judicial decision is delivered.

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