Furt calificat. Lipsa elementului circumstanţial agravant constând în violarea sediului profesional

Dr. Valentina DINU

Facultatea de Drept

Universitatea din Bucureşti

REZUMAT

The violation of the registered office was regulated in the national criminal legislation in order to make the ECtHR case law effective, the court ruling that the legal person's seat, as well as the professional seat of the natural person enjoy the protection conferred by art. 8 of the Convention (which refers to respect for private and family life, home and correspondence). The criminalization of the violation of the registered office and, respectively, its retention as an aggravating circumstantial element, are intended, as in the case of domestic violence, to constitute a form of protection of private life, in its professional component, and not of economic activity, in its commercial component.

Keywords: violation of registered office, ECtHR, case law.

REZUMAT

Violarea sediului profesional a fost reglementată în...