IDEAS home Printed from https://ideas.repec.org/a/lum/rev4rl/v1-2y2015ip43-53.html
   My bibliography  Save this article

Criminal Liability Of Lawyers

Author

Listed:
  • Elena EVA

    (PhD., “Alexandru Ioan Cuza” University, Faculty of Law, Romania)

Abstract

The legislative deficiencies and the rules governing the lawyer’s profession do not regulate clearly enough the fate of criminally convicted lawyers; the lawyers within the board of the Bar must decide the fate of a fellow lawyer of the Bar. Law no. 51/1995 – regarding the organization and exercise of lawyer’s profession, as well as the Statute of the lawyer – shows that the lawyer’s capacity shall end if the lawyer has received a final sentence for an action criminalized by the criminal law, which renders him/her “unworthy of being a lawyer”. The first condition for a lawyer to be “judged” by the board of the Bar is for the court that decided his/her conviction to send the final sentence to the said Board. Upon receiving the motivation of the court, the Board will be able to take a decision. At that point, the board of the Bar to which the convicted lawyer belongs will analyze whether the actions for which he/she was convicted affect or not his/her lawyer profession (the prestige of the lawyer’s profession). If it is determined that the actions did affect the profession of lawyer, then he/she can be excluded from the Bar. On the contrary, if it is determined that his/her actions did not affect the profession of lawyer, the person can still be part of the body of lawyers. These anomalies have brought and underlined a serious issue of the system: criminally convicted lawyers who – based on unclear and permissive legal provisions and benefiting from the protection of fellow lawyers within the boards of the Bars – still exercise their professions and plead before courts with no impediments whatsoever.

Suggested Citation

  • Elena EVA, 2015. "Criminal Liability Of Lawyers," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 1, pages 43-53, June.
    • Handle: RePEc:lum:rev4rl:v:1-2:y:2015:i::p:43-53
    as

    Download full text from publisher

    To our knowledge, this item is not available for download. To find whether it is available, there are three options:
    1. Check below whether another version of this item is available online.
    2. Check on the provider's web page whether it is in fact available.
    3. Perform a search for a similarly titled item that would be available.

    More about this item

    Keywords

    Lawyer; Bar; Criminal liability; Convicted; Court;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:lum:rev4rl:v:1-2:y:2015:i::p:43-53. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Antonio Sandu (email available below). General contact details of provider: https://jls.upa.ro/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.