CCR: Criminal Code dispositions on negligence in service, constitutional if ‘faulty fulfilment’ means ‘fulfilment by breaking the law’

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The Constitutional Court has ruled on Thursday that the provisions of Article 249 (1) of the Criminal Code of 1969 and of Article 298 of the Criminal Code concerning the negligence in service are constitutional insofar the phrase ‘faulty fulfilment’ in their content is understood as ‘fulfilment by breaking the law’

The CCR decision is similar to that on the abuse of office, a crime that constitutional judges limited to cases where they violate primary laws (Law, Ordinance, Emergency Ordinance) and not acts of inferior legal power (Government Decisions, Orders of Ministers, organization and functioning regulations, ethical codes).

The decision is final and generally binding and shall be communicated to the two Chambers of Parliament, the Government and the courts of law who have brought the matter to the Constitutional Court, namely the Bacau Court of Appeal – the Criminal Section and the Minors and Family Causes, the Târgu Jiu Court – Criminal Section, the Craiova Court of Appeal – the Criminal Section and for Minors and the Craiova Court – Criminal Section and will be published in the Official Gazette of Romania, Part I.


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