EFECTELE ADOPTĂRII DECIZIEI CURŢII CONSTITUŢIONALE NR. 75/2019 ASUPRA APLICĂRII ART. 335 DIN CODUL PENAL

Abstract

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 organizationaleconomic attributions of the persons who manage a commercial, public or other non-state organization or who work for such an organization.