Contribuții la analiza infracțiunii prevăzute în art. 141 din Legea nr. 8/1996 privind dreptul de autor și drepturile conexe astfel cum a fost modificat prin Legea nr. 187/2012 pentru punerea în aplicare a Legii nr. 286/2009 privind Codul penal
Contributions to the analysis of the offence provided in Article 141 of the Law No 8/1996 on copyright and neighbouring rights as amended by the Law No 187/2012 for the implementation of the Law No 286/2009 on the Criminal Code

Summary/Abstract: This study first analyzes the amendments brought to the offence provided in Article 141 of the Law No 8/1996 by the Law No 187/2012. The author emphasizes the non-correlations of the incrimination with the moral copyrights which it protects, as well as the lack of clear and precise wordings, which should exclude any ambiguity in the drafting of the incriminating rules. The analysis of the offence provided in the special law is connected to the provisions in the matter contained in the Criminal Code, as well as to the doctrinaire opinions expressed in the field. The critical remarks expressed by the author concerning the meaning of legal rules are intended to be impulses addressed to the legislator to correct the drafting of texts, in order to achieve the desideratum of compliance with the requirements of accessibility and foreseeability of the law for its addressees.

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