Considerații privind infracțiunea de fals în declarații în contextul îndeplinirii formalităților necesare pentru stabilirea domiciliului
Observations regarding the crime of false statements in the context of fulfilling the necessary formalities for establishing the domicile

Summary/Abstract: Paraphrasing from the message of the Minister of Internal Affairs, delivered on the occasion of the celebration, on March 24, 2022, of the 101 years anniversary of the official establishment of the specialized structures for records of persons1, "behind a residence there is a life, a man with his feelings, aspirations and his needs". Domicile, as an element of identification, corresponds, in fact, to a person's need to be "tied" to a physical place on this earth. In the same sense, the jurisprudence of the European Court of Human Rights emphasizes that the purpose of domicile is to link, from the legal point of view, an individual to a specific point determined in space. Thus, it is noted that, concretely, the concept of "domicile" refers not only to the legally occupied or acquired space, but also to any other living space, provided that there are sufficient and continuous connections. In practical terms, these links are implied, presumed and accepted, resulting from the declaration of domicile itself, without the need to prove them. Some problems arise, however, in situations that defy the legal common sense, so that the existence of these links raises serious suspicions. Of course, we are referring to those situations where the same address (for example, a two-room apartment) has been declared domicile for a significant number of people, in the order of hundreds, sometimes thousands, so large that according to the electoral legislation in force the establishment of polling stations related to the respective block apartments was required.

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