INFRACȚIUNEA DE HĂRȚUIRE. ASPECTE CONTROVERSATE. EXERCIȚII TEORETICE ȘI EXAMEN DE JURISPRUDENȚĂ
THE OFFENCE OF HARASSMENT. CONTROVERSIAL ASPECTS. THEORETICAL EXERCISES AND LEGAL PRACTICE EXAM

Summary/Abstract: The crime of harassment completed, in our opinion, a legislative vacuum that existed prior to the entryinto force of the current Criminal Code. Being a new incrimination, however, it was not immune to controversy,doctrinal debates and divided practice. Beyond the theoretical exercises regarding the constitutive content ofthe crime, this article has a solid jurisprudential basis, without, however, claiming to be an exhaustive analysisof the judicial practice outlined on the harassment crime. However, the article aims to lay the groundwork fordiscussing the newly-identified issues or to develop the existing ones and provides, in one direction or another,guidance indicators.In this regard, starting from the alternative content nature of the crime and reaching the way of applyingthe subsidiarity clause of the special version, each of the six chapters deals with different topics, ideas andcontroversies, sometimes extrapolating and adding details that might be surprising in the context, but which,in our opinion, outline and frame in a useful way the analysed crime. Also, where appropriate, the articleseeks to provide solutions to the addressed controversies, either de lege ferenda or by interpreting the existingprovisions.

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