Probleme de drept penal din practica Parchetului de pe lângă Curtea de Apel Târgu Mureş şi a parchetelor aflate în circumscripţia acestuia, pe anul 2016
Criminal law issues in the practice of the Prosecutor's Office attached to the Târgu Mureş Court of Appeal and the prosecutor’s offices under its jurisdiction, in 2016

Summary/Abstract: The article comprises four criminal law issues arose in the practice of the Prosecutor's Office attached to the Târgu Mureş Court of Appeal and the prosecutor’s offices under its jurisdiction, in 2016.1. In order to enforce the special case of non-punishment provided by the art. 268 par. 3 Crim. Code, the allegation proving the unreal character of the criminal complaint or the unreal character of the produced or forged evidence must take the shape of an injured person or a witness statement, in the case in which the criminal complaint was made or in which the evidence was produced or forged.2. The act of a witness who, in a criminal case, makes false allegations or does not say everything he knows about the essential facts or circumstances in respect of which he is being asked, in order to hinder or cumber the investigation in that case, constitutes the offense of lying testimony, provided by art. 273 par. 1 Crim. Code.3. The tree theft offense is consumed when the material object is moved from where it was cut down or fell.4. In the transitory situation where a tax evasion offense is committed before February first, 2014, but is pursued or judged after this date, concerning the enforcement of the art. 10 of Law 241/2005, the damage consists in the sum between the amount of the principal claim and the amount of the ancillary claims. Hopefully, given the subject and the method, the material will be useful, by providing solutions and conclusions on those issues that we have faced in the judicial practice, issues that other law practice colleagues may have noted in their own professional activity.

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