| Abstrakt: |
The present's work main objective is to make a detailed analysis of the crime of influencing declarations, which is incriminated by the New Criminal Code under the category of crimes that prevent the accomplishment of justice. The analysis implies the legal classification under the legal context of the new Codes and its correlation with the corresponding dispositions of the material and procedural law. At the same time, the work approaches the analysed subject in an evolutive manner, underlining the manifold manners of approaching this incrimination, as well as the main modifications that occurred in the legal text over time as a response to the demands of doctrine and practice. The constituent elements of influencing declarations are presented in parallel with those of the crimes provisioned by the current Code, crimes that served as the basis of the incrimination. Those are the crime of attempt of determining a mendacious testimony and the crime of impeding the participation to a trial. Interferences with other crimes are also presented, common elements and differentiating ones being emphasised, as well as the solution in the case of concurrence of classifications between influencing declarations and other crimes provisioned by the Criminal Code. The particularities of the crime deducted from the legal text and from the doctrine emphasise the utility and the necessity of such incrimination for guaranteeing free access to justice and discovering the truth in the criminal trial through an adequate administration of evidences. Guaranteeing the free access to justice through incriminating influencing declarations is manifested from the moment of the information of the criminal authorities and throughout the trial with regard to the deposed declarations and the evidences administered in the case. The purpose of incriminating influencing declarations is guaranteeing the accuracy and truthfulness of evidences based on judiciary testimony, through ensuring that depositions are the result of a free thought process, unaltered by any external pressure against the deposing party or a close person. The analysis allows emphasising the rationale of the new incrimination, the manner in which the regulation responds to the demands of jurisprudence, the correctives brought to earlier dispositions, as well as lacunar provisions of the new code which need clarification. [ABSTRACT FROM AUTHOR] |
