ASPECTE PRIVIND INFRACȚIUNEA DE LIPSIRE DE LIBERTATE ÎN MOD ILEGAL. STUDIU DE CAZ
ASPECTS REGARDING THE CRIME OF LACK OF FREEDOM ILLEGALLY. CASE STUDY

Summary/Abstract: Freedom of movement is an essential right recognized to any person, which, by virtue of its importance, is enshrined at both European and national level. Given its implications and the consequences that the restriction of this right may have, the cases in which the exercise of liberty is limited are strictly and restrictively provided by law, any other situation constituting the crime of unlawful deprivation of liberty. Although the Criminal Code contains a clear regulation of this crime, however, in judicial practice many cases can be identified in which the courts must consider whether or not in relation to the whole factual situation the crime of illegal deprivation of liberty can be retained. . The article presents the crime of liberty illegally starting from the rule of law and reporting a case study, focusing on the analysis of the material element of this crime, by exposing a situation in which the courts have ruled that deprivation of liberty can be and partial and may consist in the defeat of mental freedom and instilling a strong state of fear towards the injured person, but also in not presenting him to a medical unit after he had previously exercised acts of physical violence against him.

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