Obiectul material al infracțiunii de distrugere simplă  bunul aflat în coproprietate forțată și situat în zona de protecție a unui monument istoric. Daune morale
The material object of the offense of simple destruction – the asset in forced co-ownership and located in the protected area of a historical monument. Moral damages

Summary/Abstract: The action of the defendant to make three workers carry out demolition works to the interior circular stairway – forced co-ownership – of the building located in the protection area of the historical monuments Haralambie Botescu Square and Haralambie Botescu Bust, as well as works of bricking in two doors which gave access to the owners in the respective building, although he had not received an authorization to this end, meets the constitutive elements of the improper participation in the offenses of destruction and performing works without construction or demolition license on buildings located in the protected area of a historical monument set out by art. 31 par. (2) in relation to art. 217 par. (1) of the previous Criminal Code (of 1969) and by art. 24 par. (1) a) of Law no. 50/1991 on the authorization for performing construction works, republished, with subsequent amendments, with application of art. 33 b) of the previous Criminal Code and art. 5 of the new Criminal Code. The material object of the offense of destruction is performed on an asset belonging to another, therefore also including the asset which is in the forced co-ownership of several persons, and one of them destroys the asset in question. As for the moral damages claimed by the injured party, the court finds that the amount of 3,000 lei is a fair compensation, meant to make up for the emotional damages he suffered as a result of the defendant’s actions, who disregarded his ownership right by blocking their access to the premises held in the building at issue.

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