LATURA OBIECTIVĂ A INFRACȚIUNII PREVĂZUTE DE ART.335 ALIN.(1) DIN CODUL PENAL

Abstract

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.