Unconstitutionality indicators of elements in the structure of crimes against the administration of justice
Unconstitutionality indicators of elements in the structure of crimes against the administration of justice

Summary/Abstract: The present analysis refers to the impact produced by certain crimes against the administration of justice, as an indirect consequence, by the unconstitutionality solutions of certain norms of the criminal procedure or the finding of non-compliance with the Fundamental Law of the content of the texts of other crimes. The analysis refers particularly to aspects related to the limitation of the scope of the potential active subjects of the crime of perjury, witnesses in criminal trials, as well as the expansion of the factual field of incidence of the incrimination of concealment. The actions specific to the insult were taken from the old criminal regulation, in the material element of the crime of "Breach of the solemnity of the meeting", even if it does not represent a priority protection of human dignity as a supreme value. This takeover certifies that the Romanian legislator has learnt a part of the arguments promoted by the Constitutional Court when upholding the unconstitutionality of the repeal of insult and slander. The increased emphasis on the role of the constitutional court, by the diverse range of the adopted solutions, is a reflection of the constitutionalization concept of criminal law that opens new perspectives on the valences of the decisions made by the Constitutional Court.

• Details
• Contents