EIRP Proceedings, Vol 7 (2012)

Abstract

According to paragraph 2, art. 258, Criminal Code, introduced by the sole article of Law. no. 58 as of 19th March 2008, published in the Official Gazette no. 228/25 as of March 2008, “In the case provided at para 1, for the facts set out in art. 246, 247 and 250 para. 1-4, the criminal proceedings shall be initiated at the prior complaint of the aggrieved party, except for those that have been committed by a person out of those mentioned in Article 147, para 1”. Thus, the criminal proceedings shall be initiated at the prior complaint of the aggrieved party in case of abuse of office against the interests of persons, abuse of office by limitation of some rights, abusive behavior, when these crimes are committed by other officials, according to art. 147. para 2, Criminal Code. Changes brought by the Romanian Criminal legislator to art. 258, Criminal Code, had in view, obviously, the nature of the protected interest. The legislator appraised that there is no justification to further allow the initiation of ex officio criminal proceedings in case of injuring some private interests like those covered by these three articles (Articles 246, 247, 250, para. 1 - 4 Criminal Code). In the new Criminal Code, the legislator does no longer provides the condition of formulating the prior complaint in the case of perpetrating the facts of abuse of office by other officials or by other persons assimilated to public officials, as in the actual Criminal Code. As in the new Criminal Code it is not provided the existence of prior complaint of the aggrieved party, as condition of the fact of being susceptible of punishment and initiating the judicial procedure, in what concerns committing certain acts of abuse of office, makes that the actual Criminal Code becomes mitior lex.