Non Loyal Representation and Assistance – a New Incrimination in the Romanian Law

Abstract

This study examines one of the new incriminations recently introduced in the Romanian law, incrimination with a qualified active subject, its qualification consisting in his special quality, more precisely, the quality of lawyer or representative of one of the parties in a criminal or civil trial. The introduction of this incrimination was determined by the attitude and behavior of some lawyers that, crossing the line of their specific duties as defenders brought severe prejudices to the party they were defending or representing. The novelty elements consist in the analysis of this new offense, with a focus on the elements that are part of its constitutive content, emphasizing the objective aspect. The work can be useful for researchers in the field, for academics, as well as for the legal practice in the field.

Keywords

• offense; constitutive content; lawyer