CU PRIVIRE LA POSIBILA NECONSTITUŢIONALITATE A LIT. B 1 ) ALIN. (2) ART. 327 DIN CODUL PENAL

Abstract

Due to the difference of motives, it is possible to establish the exact limit that separates the sphere of application of para. (1) art. 327 of the Criminal Code from the sphere of appli- cation of let. b 1 ) para. (2) art. 327 of the Criminal Code. As a result, there is no risk that this limit will be set on the basis of arbitrary and discretionary criteria by those empowered to apply criminal law. Consequently, the potential litigant is not deprived of the possibility to reasonably foresee in which conditions he (she) would respond based on para. (1) art. 327 of the Criminal Code and, respectively, in which conditions he (she) would answer based on let. b1 ) para. (2) art. 327 of the Criminal Code. The content of the let. b 1 ) para. (2) art. 327 of the Criminal Code is certain and does not overlap with the content of para. (1) of the same article. Consequently, it can be stated that the text “committed out of material interest, for the purpose of pursuing other personal interests or in the interest of a third party”, used in let. b 1 ) para. (2) art. 327 of the Criminal Code, passes the predictability test. This text should not be declared unconstitutional.