Infracțiunile prevăzute în Legea nr. 51/1991 privind securitatea națională a României
The offenses regulated by Law no. 51/1991 on romania's national security

Summary/Abstract: The 51/1991 Law regarding Romanian National Security is a non-criminal law which features dispositions of criminal character. This regulatory act describes three crimes that may be committed within the data collecting activity or in regards to the authorization of this activity. The active subject of these crimes is a qualified one and the incriminated actions affect social relations that came to existence due to carrying out data collecting activity in Romania that must take place in a constitutional framework. Such acts may engage serious effects towards fundamental rights and freedoms of individuals, this being the reason why the legislator provides substantial punishments when these felonies are perpetrated. Due to high risk of social danger, it is required that when these crimes occur, the complementary punishment of prohibiting rights is necessary, but this aspect is neglected by the legislator. Some of the acts described within the 51/1991 Law have a counterpart in the Criminal Law and they represent qualified versions of previously mentioned crimes Attempt is possible and it is incriminated for all three crimes, except the case when perpetration consists in refusal. The settlement jurisdiction within the first instance regarding causes that have as their object acts incriminated by this law lies with appeal courts and the jurisdiction of conducting the criminal investigation lies with the prosecutor.

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