Executarea de lucrări fără autorizație de construire la imobilul cuprins în zona de protecție a unui monument istoric de importanță națională. distrugerea unei locuințe preistorice. Încadrare juridică
Execution of construction works without a building license on a building found in the protection area of a historical monument of national importance. Destruction of a prehistoric dwelling. Legal qualification
Author(s): Augustin Lazăr, Elena Georgiana Hosu, Gheorghe IvanSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: death of the defendant – natural person, destruction; performing construction works without a building or demolition license or by failing to comply with the provisions thereof; offense;
Summary/Abstract: The act of the defendant to execute works without a building license on the building located in the protection area of a historical monument of national importance, as well as to destroy a prehistoric dwelling, meets the constitutive elements of the offense of performing works without a building or demolition license set out in art. 3 par. (1) b), namely destruction, set out by art. 24 par. (1) a) of Law no. 50/1991 on the authorization for performing construction works, republished, with subsequent amendments, and art. 253 par. (3) of the new Criminal Code, both with application of art. 38 par. (1) and art. 5 of the same code. However, the criminal action in the case can no longer be carried out because of the death of the defendant – natural person, which is why prosecution will stop the proceedings.
Journal: Revista Pro Lege
- Issue Year: 2018
- Issue No: 1
- Page Range: 183-187
- Page Count: 5
- Language: Romanian