Inducerea în eroare a organelor judiciare în concepţia noului Cod penal
The offence of misleading the judicial bodies in the new Criminal Code

Summary/Abstract: In the present paper, we analysed, through the provisions of the new Criminal Code, one of the offences included in the title intended to protect the activity of judiciary, respectively, the offence of misleading the judicial bodies. The performed scrutiny includes pre-existing elements, the constitutive elements of the offence, the cause of impunity, relevant legislative precedents and the transitional situation, which refers to the application of the more favourable criminal law. At the same time, we envisaged a comparative assessment between the current legislative framework and the previous Criminal Code, considering that it could prove useful in determining and applying the more favourable criminal law. The novelty with which this work comes concerns both the study, as well as the critical views and the lege ferenda proposals, which aim at highlighting the option of the current legislator to set aside the cause of impunity in favour of a mitigating circumstance. We believe that the present paper may be useful for academics, as well as practitioners in the field of Criminal Law.

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