Implicațiile lacunelor legislative asupra activitații de constatare a contraventiilor cu incidență asupra normelor de conviețuire socială și a ordinii și liniștii publice
The implications of legislative gaps on the activity of ascertaining contraventions with an impact on the norms of social coexistence and public order and tranquility

Author(s): Ciprian Eugeniu Constantin, Denisa-Cristina Niță
Subject(s): Politics, Law, Constitution, Jurisprudence, Criminal Law, Civil Society, Public Administration, Security and defense, Peace and Conflict Studies, Administrative Law, Labour and Social Security Law
Published by: Editura Universitară
Keywords: similarity; crime; misdemeanor; public order; law enforcement;
Summary/Abstract: We chose this subject because we believe it represents a head topic for public order activity, especially regarding law enforcement. In the content of the article, we decided to approach some of the similarities in the provisions of the Criminal Code, Law no. 61/1991, respectively Law no. 4/2008.Analyzing the normative framework from the perspective of law enforcement by public order bodies, certain existing challenges can be found during the execution of the missions in terms of the legal framing of the facts, respectively risks that fall on the erroneous application of a misdemeanor punishment for committing an act of a criminal nature. At the same time, it was analysed the managing of a specific case in the sports environment by the bodies empowered to apply sanctions or to ascertain the commission of the act (eg: the statements of former coach Oprița Daniel from the fall of 2022, in the context of confrontations between the gendarmes and CSA Steaua supporters which resulted in acts of violence).

• Details
• Contents