Violarea sediului profesional – aspecte controversate în teoria şi practica judiciară / The violation of professional headquarter – theoretical disagreements and jurisprudence

Abstract

The violation of professional headquarters has been regulated as a crime in the Penal Code of Romania with the main purpose of covering an oversight in the national legislation regarding the protection of the right to respect for private and family life, home and correspondence (article 8 of the European Convention on Human Rights). The jurisprudence of the European Court of Human Rights includes under the right to a „private social life” even professional activities or commercial activities in some cases. Article 225 of the Penal Code seems to have a broader applicability, this crime regarding any premises where a legal or natural person carry out their professional activity. The national law does not include as a positive condition that the private life of a natural person must be exercised in that place, but the doctrine and the judicial practice have different opinions.

Keywords

• professional headquarter
• personal life
• professional life
• crime
• inviolability