Infracțiunile de executare de lucrări fără autorizație de construire sau de desființare ori cu nerespectarea prevederilor acesteia și de continuare a executării lucrărilor după dispunerea opririi acestora de către organele de control competente
The offense of execution of construction works without a building or demolition license or by failing to comply with the provisions thereof and the continuation of the execution of the works after an order for their stop being issued by the competent

Summary/Abstract: The act of the defendant to execute, without a construction license, reconstruction, extension, repair and consolidation works on the building located in the Municipality of Curtea de Argeș, in the protection area of historical monuments, namely the urban site “Curtea de Argeș Historical Town”, meets the constitutive elements of the offense of execution of construction works without a construction license, set out by art. 24 a) of the Law no. 50/1991 on the authorization for performing construction works, republished, with subsequent amendments. The act of the defendant to continue the works at the same building, although the competent control bodies had ordered the execution to be stopped until it became legal, meets the constitutive elements of the offense of continuing the execution of works after their suspension has been ordered by the competent control bodies, under the law, in compliance with art. 24 b) of Law no. 50/1991. The abovementioned facts were committed by the defendant by breaching the provisions of art. 38 par. (1) of the new Criminal Code, so there is a real concurrence of offenses. The law sets out the alternative penalty of the fine, which the court will consider, taking into account that the defendant sought to modernize a building located in the protection area and not to destroy it and that the building was his property.

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