Ultrajul – caracterul particular al motivaţiei subiective a acțiunii agresive. Apelul declarat de către procuror în defavoarea inculpatului – extinderea motivelor în favoarea acestuia
The outrage – the particular character of the subjective motivation of the aggressive act. The appeal declared by the prosecutor to the detriment of the defendant – the extension of the reasons in favor of the accused
Author(s): Parchetul de pe langa Curtea de Apel Alba Iulia Sectia JudiciaraSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: threat; appeal; civil servant; subjective side of the offense; outrage;
Summary/Abstract: The location (office) in which a civil servant is exercising his duties and the mere fact of holding a public office are not such as to guarantee the criminal protection regulated by the incrimination of the outrage, under the circumstances in which the material actions of this offense against the civil servant are subjectively motivated by his personal behaviors, placed exclusively out of the limitations of his job duties. By doing otherwise, state protection is provideding for illegal, immoral or unethical behaviors. On the other hand, even if the appeal declared by the prosecutor is against the defendant, reasons may be invoked in favor of the accused person.
Journal: Revista Pro Lege
- Issue Year: 2017
- Issue No: 4
- Page Range: 163-165
- Page Count: 3
- Language: Romanian