Omisiunea sesizării. Opinie privind necesitatea clarificării normei de incriminare
Omission of complaint. Opinion regarding the need to clarify the norm of incrimination

Summary/Abstract: The article aims to relieve what, according to the author s opinion, consists into a legislative shortcoming, in incriminating the fact of omission of complaint, as it is provided into the art. no. 267 (1) from the Criminal Code. More precisely, the legislative inacuracy, concerns the sphere of the syntax "an act provided by criminal law in connection with the service in which he performs his duties". This sphere is imprecise because of the lack of objective criteria in relation to which can be determined the area of the facts provided by the criminal law that creates a civil servant the obligation to seize the prosecuting organs. As a consequence, the need for Parliament's legislative intervention on the norm or, at least, the need for a posteriori "constitutional control" can be discussed. In this context, at the end of the article, opinions will also be expressed on possible ways to overcome the imprecision of the norm, without interfering with the sovereign attribute of Parliament to build the state's criminal policy, but with respect for the fundamental rights and freedoms of man.

• Details
• Contents