OMISSION TO NOTIFY THE CRIMINAL INVESTIGATION BODIES IN THE EXERCISE OF THE PUBLIC FUNCTION

Anca Lelia Lorincz () and Tatiana Oprea ()
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Anca Lelia Lorincz: "Alexandru Ioan Cuza" Police Academy, Bucharest, Romania
Tatiana Oprea: "Alexandru Ioan Cuza" Police Academy, Bucharest, Romania

Perspectives of Law and Public Administration, 2018, vol. 7, issue 1, 111-119

Abstract: This present study treats some aspects regarding the exercise of public office, from the perspective of criminal law and criminal procedural law. The violation of criminal legal norms, including by civil servants, leads to the appearance of one right conflict, the solution of which presupposes to draw the criminal liability of the perpetrator, following the deployment of a whole of activities that are part of the criminal proceeding. Applying the sanction corresponding to the criminal norm violated presupposes so therefore a criminal trial, which is why is useful one analysis, from the perspective criminal procedural law, of some aspects which visa the criminal liability of the civil servants. So that starting with a little theoretical considerations regarding of the intimation ways of the criminal prosecution bodies, stipulated by law to be possible to begin a criminal trial, then this study continues with the approach, including by reference to aspects of judicial practice, of the conditions in which may be engaged the civil servant's criminal liability to committing the offense of omission of the referral.

Keywords: referral; criminal trial; public servant; Criminal Code; Criminal Procedure Code. (search for similar items in EconPapers)
JEL-codes: K14 K23 (search for similar items in EconPapers)
Date: 2018
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Persistent link: https://EconPapers.repec.org/RePEc:sja:journl:v:7:y:2018:i:1:p:111-119

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