RĂSPUNDEREA PENALĂ PENTRU PRONUNȚAREA UNEI SENTINȚE, DECIZII, ÎNCHEIERI SAU HOTĂRÂRI CONTRARE LEGII (art.307 CP RM)

Abstract

This scientific article is dedicated to a reconceptualisation of criminal liability for the pronouncement of a sentence, decision, conclusion or judgement against law in accordance with article 307 of the Criminal code of the Republic of Moldova. The author has performed an analysis of the modern doctrine, decisions of the Constitutional Court of the Republic of Moldova and of the international provisions. Namely the analysis of the criminal legal norm s combined with some references to the Constitutional Law and General Theory of Law. The author began his research from a constatation of an ethic and a legal problem concerning the contradiction between independecy of judges, on the one hand, and illegality of some judicial decisions, on the other hand, taking into consideration the free conviction of the judge. There are emphasized some stand-points of the elements of Corpus Delicti provided by article 307 of the Criminal code. As a result, some recommendations of lege ferenda have been suggested.

Keywords

• judge, criminal liability of the judge, judicial indemnetee, pronouncement of a decision, adoption of a decision, judge’s independence, decision against the law.