Noua reglementare a infracţiunii de inducere în eroare a organelor judiciare

Starting from the changing elements brought by the infraction of misleading
the judicial organs, this article analyses the legal content of this incrimination,
provided by Article no 268 from the New Criminal Code, comparatively with
the actual reglementation of calumnious denunciation.
Regarding the new incrimination, are discussed aspects related also to the
possibility of being active subject the person who blames itself in an unreal way
by commiting a crime provided by the criminal law, the necessity that the rule
of incrimination must provide that the unreal criminal intimation can be done
through complaint or denunciation, even if they are anonymous or under a fake
name, stated to the judicial institution or to another institution besides the one
to which the perpetrator had to address. Furthermore, the article contains de
lege ferenda proposals concerning the elaboration of the second line of the
Article no 268 in order to highlight the consumption moment of the aggravated
version of this infraction.


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