TULBURAREA ORDINII ȘI LINIȘTII PUBLICE. LINII DE DEMARCAȚIE ÎNTRE RĂSPUNDEREA CONTRAVENȚIONALĂ ȘI RĂSPUNDEREA PENALĂ

The present article aims to analyse the antinomy contravention – offence by studying the incrimination of the deed of disturbance of public order and peace. Thus, the legislator, within Article 2 point 1 of the Law No 61/1991 for sanctioning the acts of violation of certain norms of social coexistence, of the public order and peace, incriminates the contravention consisting in committing in public of obscene deeds, acts or gestures, addressing of insults, offensive or vulgar expressions, threats with acts of violence against persons or their property, which may disturb public order and peace or provoke the indignation of citizens or harm the dignity and honour thereof or public institutions. On the other hand, according to Article 371 of the Criminal Code, the act of the person who, in public, by violence committed against persons or property or by serious threats or injuries to the dignity of the persons, disturbs the public order and peace is punished by imprisonment from 3 months to 2 years or with fine. It is easy to find, comparatively analysing, that there is a parallelism of the incriminations, which extract their vigour from spheres of different legal liability, thus the judicial interpreter having the difficult mission to distinguish the conditions in which the two forms of liability are employed, respectively if both can be retained simultaneously, successively or the application of one of them brings about ipso facto the removal of the other.