REFLECȚII ASUPRA PROIECTULUI DE AMENDARE A ART. 306 COD PENAL: PORNIREA ILEGALĂ A URMĂRIRII PENALE ŞI TRAGEREA CU BUNĂŞTIINŢĂ LA RĂSPUNDERE PENALĂ A UNEI PERSOANE NEVINOVATE

Abstract

The criminal law recognizes that the entire legal regulation is intended to protect, as a priority, the person as the supreme value of society, his rights and freedoms. Deprivation of these rights and liberties is the most severe form of coercion in our judicial system and is an exclusive prerogative of justice. Crimes „against justice” protect not only the values that result from the activity of the courts, but also the activities of the authorities that contribute to the administration of justice. Recently, an initiative to amend art. 306 of the Criminal Code was announced. We argue that the amendment complicates the legal construction offence and will impede the criminal prosecution. The application of art. 306 of the Criminal Code must not become a matter of opportunity, conjuncture and exclusively formal, but rather a matter of last resort, and later systemic amendments should be considered resulting from a deep and comprehensive analysis.