Crimes against the application of justice. Comparative study: the previous Romanian criminal code and the new Romanian criminal code

• Published in: Criminal Law Review (Romanian Association of Penal Sciences) Vol. I; no. 1
• Main Authors: application, Crimes against the, study, of justice Comparative, criminal, the previous Romanian, criminal, the new Romanian, Duvac, Constantin, regulation, In the new, the, the crimes against, are, application of justice, distinct, provided in a, to, title in order, due, give the importance, representing, to this authority, 3, one of those, state, powers of the, public, not only a, activity, interest, terminology, In terms of, "Crimes, the terms of, of, preventing the application, by, justice" was replaced, against, that of "Crimes, justice", the application of, been, as it has, in, rightly pointed out, literature, the specialty, justice, the application of, actually, is not always, crimes, prevented by these, them, as certain of, this, do not have, the, the deceit of, the, judicial bodies in, version, standard, generate, however they may, danger, a state of, the, The number of, crimes, accusations regarding the, of, against the application, 16, justice increased from, the, art 259-272 of, 1968, Criminal Code of, texts, to 23, the, art 266-288 of, Code, new Criminal, primarily, This increase is, introduction, due to the, accusations, of certain new, justice, the obstruction of, the, the revenge, justice, assistance provided to, justice, pressures on, interests, compromise of the, justice, of, hearing, breach of the, assistance, disloyal, the, as compared to, regulation, applicable, taking, secondly to the, amendments, over with certain, from, of certain accusations, laws, the special, court, non-observance of the, abetting, the crime of, as, which was classified, patrimony, a crime against, Code, in the Criminal, 1968, of, introduced, has also been, title, in this, pdf, DOWNLOAD FULL ARTICLE
• Format: Journal Article
• Language: English
• Published: Bucharest Romanian Association of Penal Sciences 01.01.2014
• ISSN: 2248-0528

Crimes against the application of justice. Comparative study: the previous Romanian criminal code and the new Romanian criminal code Constantin Duvac In the new regulation, the crimes against the application of justice are provided in a distinct title in order to give the importance due to this authority representing one of those 3 powers of the state, not only a public interest activity. In terms of terminology, the terms of "Crimes preventing the application of justice" was replaced by that of "Crimes against the application of justice" since, as it has been rightly pointed out in the specialty literature, the application of justice is not always actually prevented by these crimes, as certain of them do not have this ability (for instance, the deceit of the judicial bodies in the standard version), however they may generate a state of danger for the administration of justice. The number of the accusations regarding the crimes against the application of justice increased from 16 texts (art. 259-272 of the Criminal Code of 1968) to 23 texts (art. 266-288 of the new Criminal Code). This increase is primarily due to the introduction of certain new accusations (for instance, the obstruction of justice, the revenge for the assistance provided to justice, pressures on justice, compromise of the interests of justice, breach of the hearing solemnity, disloyal assistance and representation) as compared to the applicable regulation, and secondly to the taking over with certain amendments, of certain accusations from the special laws (non-observance of the court orders). Likewise, the crime of abetting which was classified as a crime against patrimony in the Criminal Code of 1968, has also been introduced in this title. DOWNLOAD FULL ARTICLE pdf