CONSIDERAȚII ÎN LEGĂTURĂ CU INCIDENȚA VARIANTEI AGRAVATE A INFRACȚIUNII DE ULTRAJ [ART. 257 ALIN. (4) DIN CODUL PENAL] ÎN IPOTEZA ÎN CARE SUBIECTUL PASIV SECUNDAR AL FAPTEI INCRIMINATE ESTE UN POLIȚIST LOCAL

Offences against police officers or gendarmes (in Romanian, ultraj) are regulated under Article
257 (4) of the Criminal Code, which provides that such offences shall be harsher punished, by
increasing the special limits of the penalty by half. In order to apply the above-mentioned dispositions
in a fair manner, the Panel for Clarification of Criminal Legal Aspects of the High Court of Cassation
and Justice was requested to render a preliminary judgment by which to clarify if „the concept of
police officer provided by Article 257 (4) of the Criminal Code shall be construed restrictively as
referring only to police officers whose activity and status are regulated under Law No 218/2002
regarding the organisation and functioning of Romanian Police and under Law No 360/2002
regarding the Police Officer Status or more widely, as also including local police officers whose
activity and status are regulated under Law No 155/2010 on Local Police and Law No 188/1999 on
the Status of Civil Servants”. This article proposes an analysis of the relevant jurisprudence and
provides arguments to support that the aggravated version of the crime regulated under Article 257
(4) of the Criminal Code shall be applied when the offence is committed against a local police officer.