Post by account_disabled on Dec 20, 2023 11:51:23 GMT 8
Working apparatus No. of July , The Government of Romania Decision regarding the exercise, on a temporary basis, by secondment underd) from the Constitution, of art. paragraph ( ) point A letter d) and of art. of Law no. / regarding the organization and functioning of the Constitutional Court, debated the exception of unconstitutionality of the provisions of art. para. ( ) of the Criminal Code of and of art. of the Criminal Code. The criticized provisions have the following content : – Art. para. ( ) from the Criminal Code of : "The culpable violation, by a public official, of a service duty, by failing to fulfill it or by performing it defectively, if a significant disturbance was caused to the smooth running of an organ or an institution of the state.
Or of another unit from those referred to in art. or a damage to country email list its patrimony or a significant injury to the legal interests of a person, shall be punished with imprisonment from one month to years or with a fine." - Art. of the Criminal Code: "The culpable breach by a public official of an official duty, by not fulfilling it or by fulfilling it defectively, if this causes interests of a person individuals or of a legal person, shall be punished with imprisonment from months to years or with a fine." Following the deliberations, the Constitutional Court , with unanimity of votes, admitted the exception of unconstitutionality and found that the provisions of art. para. ( ) of the Criminal Code of and of art. of the.
Criminal Code are constitutional to the extent that the phrase "defective performance" in their content means "performance in violation of the law". In arguing the admission solution, the Court retained, mutatis mutandis , the considerations that were the basis of the pronouncement of Decision no. of June , , published in the Official Gazette of Romania, Part I, no. of July , , by which it found that the provisions of art. of the Criminal Code from and of art. para. ( ) of the Criminal Code are constitutional to the extent that the phrase " performs in a defective manner " in their content means " performs in violation of the law ". Therefore, the Court found that the provisions of art. para. ( ) of the Criminal Code of and of art. of the Criminal Code violates the provisions of art. paragraph ( ) and ( ) of the Constitution, because the phrase "its defective fulfillment" , from their content, does not meet the qualitative conditions imposed by both the.
Or of another unit from those referred to in art. or a damage to country email list its patrimony or a significant injury to the legal interests of a person, shall be punished with imprisonment from one month to years or with a fine." - Art. of the Criminal Code: "The culpable breach by a public official of an official duty, by not fulfilling it or by fulfilling it defectively, if this causes interests of a person individuals or of a legal person, shall be punished with imprisonment from months to years or with a fine." Following the deliberations, the Constitutional Court , with unanimity of votes, admitted the exception of unconstitutionality and found that the provisions of art. para. ( ) of the Criminal Code of and of art. of the.
Criminal Code are constitutional to the extent that the phrase "defective performance" in their content means "performance in violation of the law". In arguing the admission solution, the Court retained, mutatis mutandis , the considerations that were the basis of the pronouncement of Decision no. of June , , published in the Official Gazette of Romania, Part I, no. of July , , by which it found that the provisions of art. of the Criminal Code from and of art. para. ( ) of the Criminal Code are constitutional to the extent that the phrase " performs in a defective manner " in their content means " performs in violation of the law ". Therefore, the Court found that the provisions of art. para. ( ) of the Criminal Code of and of art. of the Criminal Code violates the provisions of art. paragraph ( ) and ( ) of the Constitution, because the phrase "its defective fulfillment" , from their content, does not meet the qualitative conditions imposed by both the.