Authority is an attribute of power, specific to forms of state organization, conferred by law and non-state organizational forms, which compete to promote and defend the general interests of society.
From this prestige, which must be enjoyed by all these organizations, depends to a large extent the proper exercise of the entrusted attributions, according to the law, and the development in good conditions of the activity of these forms of state and non-state organization.
That is why the criminal law defends the attribute of the authority against all the facts that harm it, incriminating as crimes those deviations from the norms of conduct by which the specific prestige of public positions is affected and sanctioning them in relation to their gravity.
Among these deeds, a particularly important place is occupied by the crime of outrage, which aims to defend those persons who perform a function involving the exercise of state authority against any harm to their dignity, mental freedom and physical integrity, for deeds committed or activities related to the exercise of the function.
Aiming to ensure the prestige of the state authority against such manifestations, along with the crime of outrage, the Criminal Code criminalized by the provisions of art.279, the crime of judicial outrage, within Title IV of the Special Part, dedicated to crimes against justice.
According to the provisions of art.279 paragraph 1 of the Criminal Code, the threat, hitting or other violence, bodily injury, beatings or injuries causing death or murder, committed against a judge or prosecutor in the exercise of his duties are sanctioned with the penalty provided by law for that offense, the special limits of which are increased by half. The provisions of art.279 paragraph 2 of the Criminal Code stipulate that the commission of a crime against a judge or prosecutor or against his property, this time, for the purpose of intimidation or revenge, in connection with the exercise of official duties, is punishable by the penalty provided by law for that offense, the special limits of which are increased by half. According to paragraph 3 of art. 279 of the Criminal Code, the same punishment is sanctioned for acts committed under the conditions of paragraph 2, if they concern a family member of the judge or prosecutor. Finally, according to the final paragraph of the text of the law, the provisions of paragraphs 1-3 also apply to acts committed against a lawyer in connection with the exercise of the profession.
The Criminal Code of 1968 regulates these categories of deeds in the crime of outrage, provided by art.239 and art.2391, together with those addressed to criminal investigation bodies, experts, bailiffs, police, gendarmes, military, husband or close relatives of these persons, together with the rest of the facts directed against the authority, within Title V of the Special Part.
The new Criminal Code abandoned the model offered by the previous Criminal Code, for reasons related to the importance and specifics of the new regulations, the legislator justifying his option in stating reasons by arguments related to the need for more effective protection of social values protected by criminal law .
According to the initiators of the normative act, the justification for the distinct incrimination of the crime of judicial outrage over the crime of outrage consists in the fact that, by the will of the law, the judge, prosecutor or lawyer have the most important judicial attributions. of the course of a trial and its outcome, so that ensuring increased protection against some forms of violence against them is, from this perspective, justified.
Since this distinction is also found in the French Criminal Code (art. 433-3) and the Italian Criminal Code (art. 341 and art. 343), the reason why this special version of outrage was incriminated separately, and not as an aggravating circumstance of the crime against the authority, is related to the widening of its scope of protection, in relation to the previous regulation, by including of state referred to in art.257 of the Criminal Code, as are lawyers.
Another novelty is that of paragraph 2 of art.279 of the Criminal Code, and it is related to the commission of the crime against a judge or prosecutor or against his property, for the purpose of intimidation or revenge, in connection with the exercise of service, this special provision not being provided by the previous Criminal Code, under the rule of which the deeds committed for this purpose were classified as common law crimes (for example, home invasion, destruction, etc.).
Responding to current legislative challenges and practical needs, this collection aims to bring to the forefront a number of recent jurisprudential issues that come to the aid of theorists and legal professionals, able to respond not only to immediate information needs, but and the need to bring to the public's attention those topical issues that judicial practice faces.
The current jurisprudential examination comes to complete the palette of a well-established case law among practitioners, but which was no longer able to respond to those legislative changes that led to the reconfiguration of the normative content of the crime of outrage and which obviously wanted to be deepened. -a broader perspective, that of legal professionals.
The novelty, number and diversity of the presented situations also call into question the need for increased protection that the legislator should grant to the values protected by criminal law, the current judicial phenomenon registering a visible resurgence, encouraged by the multiplication of communication channels and relaxation of criminal treatment. years, which influences the behavior of persons in conflict with criminal law.
That is why the thematic jurisprudence is intended to be a signal addressed to some decision makers, who, in a bad period of our history, were concerned to give as much efficiency as possible to the principle of humanism in criminal law, but not in the evolutionary sense, to protect as much as possible the social values protected by the criminal law, but in an involuntary and oriented sense, quite visible, in order to weaken the state authority and encourage this type of crime.
In fact, the fact that some crimes are consumed in different locations reserved for justice is evidence in the sense of what is shown, and the fact that the facts that are the subject of many threats are serious crimes only complies with this sad reality. That this is the case is also proved by the fact that the perpetrators of such deeds no longer hide behind fictitious identities or anonymous messages, but want to make themselves known, formulating messages, letters, engaging in telephone conversations or discussions on social networks. socialization, in which they make known their plans and intentions for revenge and in which they unload emotionally, in the most obvious way possible.
The collection of judicial practice dedicated to judicial outrage proves one more thing, namely that these facts diversify from year to year, taking place not only in the classic variants, known to legal practitioners, but also in the virtual environment, which is why the authors have sought to bring to the attention of those interested a series of cases, in which incitement to violence in the online space has become a way of manifestation, meant to attract new followers.
These types of messages are thus preferred to those propagated orally, because they are likely to ensure a much wider spread among the public, having a deeper social impact, helping to promote a negative mood in terms of safety climate. publishes, by promoting and encouraging behavioral patterns.
Along with messages, in the virtual environment there are other types of communications, somewhat more sophisticated, meant to have an impact among the young population, more prone to learning negative patterns of behavior, such as comments and videos, meant to promote their authors and make them better known among the communities they come from.
Obviously, this presentation does not lack the deeds committed by means of oral or written communication, various in terms of their typology, most of which present themselves as threats addressed in connection with the performance of duties and which sometimes they are committed even during the exercise of these attributions, inside some spaces reserved for the act of justice or near such locations.
Of course, although fewer in number, there are also acts committed with violence, starting with those of a verbal nature, but which, accompanied by tools that could be used as weapons, are likely to cause greater fear to the injured and continuing with those of a physical nature, committed for the purpose of revenge for the quality of the consultancy services provided or the failure in the legal activities provided by certain lawyers.
All these circumstances that have enjoyed the attention of the judiciary are described in detail, for the best possible understanding of the factual situation, by presenting a procedural dynamic of each case, reproducing the arguments that formed the court's conviction, but also those that were removed, the identification data of the parties and other persons involved in the execution of the act of justice being anonymized, the selected court decisions being taken from the portal httpwww.rolii.ro and easily adapted for reading fluency.
In this context, the collection of judicial practice is a good guide, which deserves due attention from practitioners and theorists of law, as it analyzes in detail aspects related to the correct application of the law by the judiciary, such as of individualization of the punishment or the way in which the elements that integrate the constitutive content of the crime are analyzed in different particular situations.
Of course, due to the exhaustive presentation, the process of assessing the evidence in each of the situations can be deepened by readers, who have the opportunity to reflect on how to resolve the criminal and civil side, based on a set of elements, allowing them to properly evaluate the evidence proposed in the indictment or defense.
Last but not least, by presenting some aspects specific to each case, regarding the evidentiary procedures and methods or the process of collecting, administering and assessing the evidence, the collection can prove its usefulness not only in terms of substantial criminal law, but also in terms of criminal procedural law. , those interested in the technical side of the phenomenon having available, indirectly, a series of information in the field of related sciences, such as criminology and criminology, benefiting from a complete picture of the crime of judicial outrage, from a double perspective, theoretical and application.
Finally, we hope that this creative effort will not remain idle, but will even be the source of proposals to improve our criminal law, so hard tried in recent years, especially that the forms of manifestation of human behavior are constantly changing. , and many of the forms of response from the state are precarious and lack the efficiency that the recipients of the right wanted.
The authors 'effort occurs against the background of strong turmoil on the public stage, the Professional Association of the Romanian Judges' Forum being involved in a continuous effort to defend the rule of law. This bayonet battle, specific in some places to a guerrilla war, involved and still involves numerous sacrifices, less known to the general public, accustomed to the end product of an intellectual work deposited during hundreds of sleepless nights, but equally aspirant of genuine democratic values.