2. Articole
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Item Latura obiectivă a infracțiunii prevăzute de art.335 alin.(1) din Codul penal(CEP USM, 2024) Bivol, OctavianIn this article we aim to analyze the objective side of the crime provided by art.335 para. (1) of the Criminal Code. In this context, we will try to make a brief analysis of the alternative normative modalities provided by the provision of art. 335 para. (1)of the Criminal Code, namely „using the service situation” and „using the organization's assets”. It is important to mention that the occurring of any of two alternative modalities of the act in question is sufficient for taking into account the application of the liability under art. 335 para. (1) of the Criminal Code. Additionally,we try to identify the limits of the service competence of the person who manages a commercial, social or other non-state organization or who works for such an organization, by referring to the actions that clearly exceed the limits of the rights and powers granted to them. At the same time, we try to identify the nature of the prejudicial consequences necessary to be caused, to point out the need for the existence of a causal link between the prejudicial act and the prejudicial consequence,as well as to identify the moment of consummation of the crime provided by art. 335 para. (1) of the Criminal Code.Item EFECTELE ADOPTĂRII DECIZIEI CURŢII CONSTITUŢIONALE NR. 75/2019 ASUPRA APLICĂRII ART. 335 DIN CODUL PENAL(CEP USM, 2021) Bivol, OctavianIn this article we aim to analyze the effects of the adoption of the Decision of the Constitutional Court no. 75/2019 on the application of art. 335 of the Criminal code. In this context, the application of the criminal law by the subjects empowered with such attributions cannot be carried out by abstraction from the jurisprudence of the Constitutional Court, which, within the limits of its competence, performs the test of con- stitutionality of the law, as the case may be, in the part concerning quality conditions, pre- dictability of the criminal law, in particular, of the text “of the service situation” from article 335 par. (1) of the Criminal Code. Thus, in the following, we will try to identify the scope of application of the text “of the employment situation”, by referring to the opinions of the doctrinaires and the corresponding normative provisions. Additionally, we will try to opine on the opportunity to regulate exclusively by normative acts the administrative or organi- zational-economic attributions of the persons who manage a commercial, public or other non-state organization or who work for such an organization.