Activitățile ce pot fi desfășurate în cazul infracțiunilor flagrante – pătrunderea în domiciliu fără mandat de percheziție și în lipsa consimțământului persoanei care-l folosește
Activities that can be carried out in respect of flagrant offenses – entering the residence without a warrant and without the consent of the person who uses it

Summary/Abstract: The authors examine the national legislation, the judicial practice and the doctrinal opinions regarding the activities that can be carried out in the case of the flagrant offenses, respectively, if to ascertain the flagrant offense in the application of art. 61 para. (2), art. 293 of the Code of Criminal Procedure, the public order and national security bodies can enter a domicile according to the provisions of art. 157 para. (2) of the Criminal Procedure Code, without a search warrant and in the absence of the consent of the person who uses it, the flagrant being into one of the derogatory circumstances provided by art. 27 para. (2) lit. b) and c) of the Romanian Constitution, republished, as the case may be. The authors' opinion is that, in the case of a serious flagrant offense, which may endanger the life, physical integrity or property of a person or in order to defense the national security, one cannot enter the home without a search warrant or without the consent of the person using it, except for the circumstances of the state of legitimate defense or the state of necessity (provided by art. 19 and art. 20 of the Criminal Code – Justifying causes).

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