2. Articole

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    Latura obiectivă a infracțiunii prevăzute de art.335 alin.(1) din Codul penal
    (CEP USM, 2024) Bivol, Octavian
    In 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.
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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.