2. Articole

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    Efectele adoptării deciziei curții constituționale nr. 75/2019 asupra aplicării art. 335 din Codul Penal
    (CEP USM, 2021) Bivol, Octavian
    In 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 constitutionality of the law, as the case may be, in the part concerning quality conditions, predictability 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 organizational-economic attributions of the persons who manage a commercial, public or other non-state organization or who work for such an organization.
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    CALIFICAREA JURIDICO-PENALĂ A FAPTELOR DE HĂRȚUIRE SEXUALĂ SĂVÂRȘITE DE CĂTRE O PERSOANĂ CARE GESTIONEAZĂ O ORGANIZAŢIE COMERCIALĂ, OBŞTEASCĂ SAU O ALTĂ ORGANIZAŢIE NESTATALĂ
    (CEP USM, 2022) Bivol, Octavian
    Discussions about sexual harassment have not lost their relevance, since this phenomenon exists in society and creates a real danger to the inviolability or sexual freedom of the person. In some cases, sexual harassment could be likened to corruption, given that there is perverted power that makes it possible to receive sexual services. In such situations, power is characterized not by its positive purpose - to act in the interests of the rights and interests protected by law of individuals, but arbitrarily. The possibility of sexual harassment by a person running a commercial, public or other nonstate organization cannot be denied. At first sight, it would create the impression that the respective criminal acts could be qualified in accordance with art. 173 of the Criminal Code, and the possible discussions on the applicability of art. 335 or 333 of the Criminal Code, would be useless. In this article, we will try to demonstrate that in such cases, not surprisingly, the withholding of art. 173 of the Criminal Code, could be classified as an incorrect legal-criminal exercise in the situation of use by the person who manages a commercial organization, public or other nonstate organization of the employment situation when committing acts of sexual harassment in relation to the victim who it has certain connections with its administrative or organizational-economic-economic attributions.