Crimes against the application of justice. Comparative study: the previous Romanian criminal code and the new Romanian criminal code

Constantin Duvac

In the new regulation, the crimes against the application of justice are provided in a distinct title in order to give the importance due to this authority representing one of those 3 powers of the state, not only a public interest activity.

In terms of terminology, the terms of “Crimes preventing the application of justice” was replaced by that of “Crimes against the application of justice” since, as it has been rightly pointed out in the specialty literature, the application of justice is not always actually prevented by these crimes, as certain of them do not have this ability (for instance, the deceit of the judicial bodies in the standard version), however they may generate a state of danger for the administration of justice.

The number of the accusations regarding the crimes against the application of justice increased from 16 texts (art. 259-272 of the Criminal Code of 1968) to 23 texts (art. 266-288 of the new Criminal Code). This increase is primarily due to the introduction of certain new accusations (for instance, the obstruction of justice, the revenge for the assistance provided to justice, pressures on justice, compromise of the interests of justice, breach of the hearing solemnity, disloyal assistance and representation) as compared to the applicable regulation, and secondly to the taking over with certain amendments, of certain accusations from the special laws (non-observance of the court orders). Likewise, the crime of abetting which was classified as a crime against patrimony in the Criminal Code of 1968, has also been introduced in this title.

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