Considerations on the Magistrate’s Liability in Point of Committing Abusive Research [Consideratii asupra raspunderii magistratului sub aspectul savarsirii infractiunii de cercetare abuziva]

The infraction of abusive research is set to rights by the disposal of art. 280 of the Penal Code. According to the legal accusatorial text, abusive research is “a misuse of promises, threats or any type of violence against a person who is pursued or judged on a penal cause, by a penal researcher agent, an attorney or a judge, with the purpose of establishing to testify or not, to give a misstatement or to resile from a statement”. The infraction of abusive research may be committed only by “a public employee who according to their responsibilities, sustain research activities, penal prosecution or judgement”. Therefore, according to art. 280 line (1) and (2) Penal Code, this type of infraction may be committed only by an employee in penal research, attorney or judge. The infraction of abusive research is thereby a subject of main liability but also secondary. The subject of main liability is represented by the state, as the titular of the social values, of justice realization, defended by incriminating this infraction. From the point of the subject of secondary liability, the majority of opinion formulated in the juridical literature of specialty, is circumstantiated by only one person who has achieved a procedural attribute, referred to the suspect or defendant.