False Reporting

Authors

  • Bogdan Bîrzu Danubius University of Galati

Keywords:

Offense; objective side; subjective side

Abstract

In this paper I have tried to briefly examine some aspects regarding the crime of false declaration, a crime whose content was recently completed, in 2020 by Government Emergency Ordonnance  no. 28/2020.

In the analysis we took into account the objective side and the subjective side of the crime with references to the recent jurisprudence of the Romanian courts, as well as to the jurisprudence of the Constitutional Court in this matter.

I also referred to the other provisions that criminalize this act, provisions that are found in some special laws with criminal provisions, emphasizing the need to apply them in judicial practice.

The novelties concern the examination carried out as well as the frequent references to the recent judicial practice.

The paper is part of a university course to be published this year at a publishing house in the country.

Given the way it is based, the paper can be useful for students of the country's faculties, as well as law practitioners.

References

Vintilă Dongoroz in Vintilă Dongoroz (scientific consultant; title VII; final provisions; leader and coordinator of the entire volume), Siegfried Kahane, Ion Oancea, Iosif Fodor, Nicoleta Iliescu, Constantin Bulai, Rodica Stănoiu, Victor Roșca, Theoretical Explanations of the Romanian Criminal Code, vol. 4th, Special part, Romanian Academy Publishing House, Bucharest, 1972, p. 458;

Mihail Udroiu, Synthesis of Criminal Law, Special Part, Edition 2, vol. 2nd, C.H.Beck Publishing House, Bucharest, 2021, pp. 1074, 1074-1075, 1075-1076, 1081;

Ion Ristea, Criminal Law, Special Part, University Course, vol. II, Universul Juridic Publishing House, Bucharest, 2020, p. 198;

Andrei Viorel Iugan, Annotated Criminal Code, Special Part, Includes national jurisprudence 2014-2020, Universul Juridic Publishing House, Bucharest, 2020, p. 455;

Romanian Academy, “Iorgu Iordan” Institute of Linguistics, DEX, Explanatory Dictionary of the Romanian Language, 2nd Edition, Univers Enciclopedic, Bucharest, 1998, p. 488;

I.C.C.J., Criminal Section, Dec. no. 381 / A of November 6, 2017, available on www.scj.ro, apud, Mihail Udroiu, op. cit., pp. 1073;

Constitutional Court, Decision no. 631 of October 15, 2019, published in the Official Gazette. no. 1019 of December 18, 2019, apud, Mihail Udroiu, op. cit., pp. 1072;

I.C.C.J., s. Pen., Dec. no. 87 / 14.04.2014, available on www.scj.ro, apud, A.V. Iugan, op. cit., pp. 455;

Cluj-Napoca County, Criminal Section, conclusion no. 1268/2017, available on www.sintact.ro, apud, Mihail Udroiu, op. cit., pp. 1074-1075;

Court of Appeal,Oradea, s. Pen., Dec. no. 211/2018, unpublished, apud, Mihail Udroiu, op. cit., pp. 1079-1080.

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Published

2022-11-08

Issue

Section

Danubian Economy and Legislation