Danubius International Conferences, 8th International Conference The Danube - Axis of European Identity

Non Loyal Representation and Assistance – a New Incrimination in the Romanian Law

Ion Rusu
Last modified: 2018-06-20

Abstract

In the present study we have investigated one of the new incriminations recently introduced in the Romanian law, an incrimination having a qualitatively active subject, the qualification of which consists in its special quality, namely that of a lawyer or representative of one of the parties in criminal or civil proceedings.

The introduction of this incrimination was determined by the attitude and behaviour of lawyers who, beyond the scope of the defendant's specific duties, brought serious harm to the party he defended or represented.

The novelty elements consist precisely in the examination of these new crimes, with the emphasis on the elements that are part of the structure of its constitutive content, with an emphasis on the objective side.

The work may be useful to scholars in the field, the university environment as well as the judicial practice in the field.