Infracţiunea de divulgare a secretului profesional de către avocat prevăzută de Legea nr. 51/1995. Scurte consideraţii

The offense of disclosure of professional secrecy by a lawyer provided by Law no. 51/1995. Brief considerations

Dan-Sebastian CHERTES

Avocat - Baroul Cluj

Abstract

This article analyzes an incrimination recently introduced into Romanian law by reference to another incrimination already existing in the Romanian Criminal Code. Starting with the legislative process that led to the adoption of the offence analyzed, the nature of the offense is analyzed via the outcome, as a component of the objective side. The analysis also determines the extent to which we have to deal with an autonomous incrimination or an aggravated form of the incrimination established by the Romanian Criminal Code. Last but not least, it examines the nature of the sanction applicable to members of the professional bodies in the case of disclosure of professional secrecy and to what extent the sanctioning...