Infracțiunea de neexecutare din motive imputabile sau de nerespectare a hotărârilor judecătorești pronunțate de instanța de contencios administrativ. Situația premisă. Legea penală mai favorabilă
The offence involving non-execution for imputable reasons or nonobservance of the judge’s decision ruled by the court for contentious and administrative matters. The premise situation. The more favourable criminal law

Summary/Abstract: In case of failure to observe a judge's decision ruled by a contentious-administrative court, ruling the annulment of the orders to terminate the office relations and to reintegrate the aggrieved parties in the public positions held previously to decisions issue, as well as the ordering to pay outstanding salary rights, there subsists the offence provided under art. 24 paragraph (3) of Law on contentious and administrative matters no. 554/2004 (the issue in force until 1 February 2014) and not the offences provided under art. 261 and art. 262 of Law no. 53/2003 – the Labour Code (as in force until the same date), considering the premises situation of the first offence. Based on the comparison of the provisions of Law no. 554/2004, in force until 1 February 2014, with the provisions of the new Criminal Code which came into force as of 1 February 2014, there results that, though in point of punishment ceilings the new law seems to be more favourable, nevertheless, in practice, the old law is more favourable.

• Details
• Contents