CONSIDERAŢII CU PRIVIRE LA INFRACŢIUNEA DE NEGLIJENŢĂ ÎN SERVICIU REŢINUTĂ ÎN SARCINA NOTARILOR PUBLICI
CONSIDERATIONS REGARDING THE OFFENCE OF NEGLIGENCE INCRIMINATING THE PUBLIC NOTARIES

Summary/Abstract: In practice it is sometimes wrongly withheld, that the public notaries are held responsible for committing the offense of negligence provided by the art.298 of the Criminal Code, if it is considered that a document which is authenticated by them is incorrect, although according to the Article 157 paragraph 1 of the republished Law no.36/1995 it is provided that notarial documents can be challenged by parties or by any interested party by action for annulment at the court of justice in accordance to the provisions of the Code of civil procedure. In the case of other public officials, if it is considered that the issued document is incorrect, any interested person may challenge it at the court of justice, asking for its annulment or dissolution. If it considered, contrary to the law, that the only public official - the Notary Public who is assimilated to the public officials – is held criminally responsible for the incorrect documents, while the other public officials are not held responsible, it is made a discrimination contrary to the article 16 paragraph 1 of the Constitution which states that "All citizens are equal before the law and public authorities without privileges and without discrimination". In French law, where our legislator inspired from, it was pointed out that in the case of the notary public „... the criminal sanction is firstly reserved to the worst acts and especially to the intentional illegal facts" and in no circumstances to the unintentional illegal facts.

• Details
• Contents