The official misconduct provided by Art. 99 lit. s) and t) of the Law no. 303/2004 regarding the status of judges and prosecutors. Jurisprudence Cover Image

Abaterile disciplinare prevăzute în art. 99 lit. s) și t) din Legea nr. 303/2004 privind statutul judecătorilor și procurorilor. Jurisprudență
The official misconduct provided by Art. 99 lit. s) and t) of the Law no. 303/2004 regarding the status of judges and prosecutors. Jurisprudence

Author(s): Tamara Manea
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: disciplinary liability of the judges and prosecutors; judicial reasoning of the documents; erroneous and subjective interpretation of the; evidence contrary to the legal reasoning;

Summary/Abstract: It meets the constituent elements of the misconduct provided by the Art. 99 let. s) of the Law no. 303/2004 regarding the statute of judges and prosecutors, republished, with the subsequent amendments and completions, the deed of the prosecutor who, in reasoning the judicial documents by which he ordered the starting of the criminal action and the prosecution of the persons suspected of committing crimes, made an erroneous and subjective interpretation of evidence, contrary to the logical reasoning, distorting the fact that, based on simple assumptions and judgments purely personal and lacking in truth, he retained the facts and circumstances that did not find their correspondent to the reality, acting with intent, whereas it had the representation of the way in which it understood to actually and legally argue, the judicial documents issued.

  • Issue Year: LXVII/2019
  • Issue No: 4
  • Page Range: 222-227
  • Page Count: 6
  • Language: Romanian