Autor: NICOLAE Marian

Publicat în: Revista Română de Drept Privat nr. 1/2018

Disponibil onlineaici.

Titlul lucrării în engleză: Is there and/or is still necessary the criminalization of the insult and defamation? Brief reflections on the Decision of the Constitutional Court no. 62/2007

Abstract:  In 2007, the Constitutional Court acknowledged, through a challengeable decision, that the decriminalization of insult and libeling in the old Criminal Code is illegal; however, the legislator of the New 2009 Criminal Code completely disregarded the Decision no. 62/2007 and did not include insult or libeling amongst the offences. This article examines the thorny matter, in terms of both form and substance, of insult and libeling, as well as the current effects of the Constitutional Court Decision no. 62/2007, in the context of a possible, but rather hard to believe, revival of the Constitutional Court in the field.

Keywords: personality rights; personal dignity; insult; libeling; decriminalization; unconstitutionality; non-criminalization in the New Criminal Code.