Juridical Tribune (Mar 2019)
Obstructing justice according to the Romanian law. The preexistent elements and the constituent content
Abstract
Within the present study we have examined the constitutive content and the preexisting elements of the crime of obstructing justice. We should specify that this offense was not provided in the previous Criminal Code, representing from this point of view a novelty element for the new Criminal Code. However, we pointed out that the offense with similar legal content, without a marginal name, was also provided in two other normative acts, namely Law no. 85/2006 on Insolvency Procedure and G.E.O. no. 46/2013 regarding the financial crisis and the insolvency of the administrative-territorial units. The novelty elements of this paper aim both at examining the constitutive content, the preexisting elements, as well as in the comparative examination of the provisions of the present incrimination and the one existing in the normative acts referred to above. Also, as a novelty, we also support the necessity of completing the provisions of the law by including in its content, as bodies with attributions in the field, the judge of the preliminary chamber and the judge of rights and freedoms, institutions that cannot be assimilated to the term of court. This paper is part of a broader work to be published early next year, continuing to investigate crimes in the light of the new law. The work may be useful to students of law faculties, master students, and law practitioners.
