Egyes, az igazságszolgáltatás megvalósítása ellen irányuló bűncselekmények szabályozása Románia új büntető törvénykönyvében – tekintettel felvetődésük lehetőségére a polgári perben
Regulation of Some Criminal Offenses Against the Administration of Justice in the New Penal Code of Romania – with a View to their Possible Occurrence During the Course of the Civil Trial

Summary/Abstract: The New Penal Code of Romania introduces impressive legal bulwarks to defend the administration of justice in the form of updated ‘old’ offences, such as perjury, or completely new ones, such as disloyal representation or breach of solemnity of the hearing. This study aims to analyse some such offences, which may occur during the civil trial in order to identify the criminalised behaviours, to circumscribe the set of possible offenders and that of the social values which the legislator intended to defend. It also seeks to identify the shortcomings of the current regulation. I conclude that there was a definite intention on the side of the legislator to criminalize most possible disruptive behaviours during the judicial process, some of which, until recently, were dealt with exclusively by administrative fines. This tendency runs contrary to the principle of penal law being a last resort of the legislator, and it also sometimes results in the same behaviours being subjected to administrative and penal sanctions at the same time, without a clear distinction as to what degree of transgression is necessary to attract the latter. Finally I conclude that the high number of newly regulated offences will require ample jurisprudence in the future to define the limits of applicability for the new norms.

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