5. Răspundere civilă delictuală. Imputare pe reţeaua de socializare Facebook a săvârşirii de către un medic a infracţiunii de luare de mită
5. Civil liability. Charge made on Facebook social network of a doctor for commiting an offense of bribery

Summary/Abstract: The act of imputing to the plaintiff the commission of an offense, respectively the offense of bribery provided by article 289 of the Romanian Penal Code, through messages written on the social network Facebook, is illegal. The case law of the European Court of Human Rights distinguishes between value judgments and factual statements. If in the case of value judgments it is not necessary to prove them, the situation is not the same in the hypothesis of factual statements. They must have a minimum factual basis, supported by evidence. The defendant charged the applicant with certain conduct so that it was necessary for it to propose the taking of evidence from which it would be credible and with a sufficient degree of probability that the applicant had requested material benefits for the medical services provided.

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