Noi discutii privind faptele sanctionate ca infractiuni de legea nr. 107/2006
New Discussions concerning the Acts incriminated by Law no. 107/2006

Summary/Abstract: The article discusses the new amendments introduced by Law no. 278/2006- on the modification of the penal code and other criminal laws-, from the viewpoint of the matter regulated by Law no. 107/2006- on the prohibition of fascist, racist or xenophobic groups or symbols, and on the prohibition to worship persons guilty of committing crimes against peace and humanity. Under a first aspect, the author analyses the dispositions of art. 3 of Law no. 107/2006, which sanctions the constitution of fascist, racist or xenophobic groups. He also examines the possibility of retaining this offence alongside the crime described in art. 1661 of the penal code, as modified by the same Law no. 278/ 2006. Under the nomination of “acts against constitutional order”, art. 1661 incriminates the employment of any actions aimed at the modification of the constitutional order or of the national, sovereign, independent, unitary and indivisible character of the Romanian state, if committed in an illegal and violent way. The article maintains that if the group is only constituted, without having employed any of such acts, only the offence provided for by art. 3 can be retained; if the group has already started its activity, undertaking such actions, the two offences are still not to be both retained together, as long as the actions are not violent. Finally, both offences will be incident only when the actions are illegal, as well as violent, or only violent. The study then proceeds to explore the provisions of art. 4 of Law no. 107/2006, according to which the propagation, sale, or manufacture of fascist, racist or xenophobic symbols, as well as the possession of such symbols, with the aim of propagation or sale, is punished with imprisonment of 6 months to 5 years and the interdiction to exercise some rights. It discusses practical problems such as the distinction between sale and propagation, or the practical methods of propagation. In the same context, it analyzes the use of the Internet in perpetrating these offences, under the legal regulation provided by the international Additional Protocol concerning the incrimination of racist or xenophobic acts committed through cybernetic systems. In what concerns art. 5 of Law no. 107/2006- promoting the cult of persons guilty of perpetrating offences against peace and humanity or of promoting fascist, racist or xenophobic ideologies through public propagandaa new article, defining propaganda, has been introduced. Propaganda is thus defined as the systematic and apologetic spreading of ideas, concepts and doctrines, with the intention of persuading and attracting new followers.

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