DISCUŢIE ASUPRA ELEMENTELOR CONSTITUTIVE ALE INFRACŢIUNII PREVĂZUTE DE ART. 12 LIT. A) DIN LEGEA NR. 78/2000
DISCUSSION ON THE CONSTITUTIVE ELEMENTS OF THE OFFENSE PROVIDED BY ART. 12 SECTION A) OF LAW NO. 78/2000

Summary/Abstract: The article analyzes the objective aspect of the offense stated in the title, using both the literal and logical-systematic interpretation, and concludes that this offense can only be charged if the act was committed using information obtained in virtue of the offender's function, attribution, or assignment. Thus, from the perspective of grammatical interpretation, the key to correctly understanding the text is the comma placed between the two main clauses that define the alternative material element of the offense and the final subordinate clause that provides the requirement that the acts were committed using information known through the exercise of official duties. From the perspective of logical-systematic interpretation, it is highlighted that, both in the preamble of the law and in all related incrimination texts to the one analyzed, the normative act aims to sanction those service offenses that have as a defining common element the fact that they are committed by people using their functions. As a result, judicial practice solutions regarding the conviction of individuals on the grounds that the text under discussion sanctions their incompatibility status appear to be based on a wrong and extensive interpretation, to the detriment of the accused, of criminal law.

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