False statements. Typical character

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

The material element of the objective side of the offense of false statements shall consist in the action of giving an inaccurate statement of truth before a person among those listed in Article 175 of the Criminal Code or before the unit where the respective person performs his or her work. The statement may be given orally or in writing, simple or accompanied by any explanations, impromptu or upon request, and in the case of the written statement, it may be sent through the agency of a third party, who shall certify the declarant’s signature. Likewise, the written statement must be assumed by its author, regularly by signing it. Furthermore, in order for the action to give an inaccurate statement of truth to become a material element of the offense of false statements, such a statement should be among those which, according to law or to circumstances, serve to the occurrence of any legal consequence. In other words, not any false statement given before a person among those listed in Article 175 of the Criminal Code or before the unit where the respective person performs his or her work represents a false statement, but only the statement able to produce legal consequences, and these consequences may arise from a legal text or from any circumstances. In terms of the subjective side, the form of guilt specific to the offense of false statements shall be the direct intent, as the action of the offender of inaccurately stating the truth shall be carried out with a view to produce a legal consequence for himself or for a third party. In order for the offense to be committed by the form of guilt of the direct intent, it is essential that the active subject should know which are the legal consequences which his inaccurate statement of truth could produce. When the legal effects of the statement given before a notary public does not result directly from the law, but from any circumstances, namely from the notarial practices in the mater of mortgage agreements, in order to know such legal consequences it is essential for the offender to be informed thereof. However, if the defendant who has no knowledge in the law field, has not become aware of the legal consequences of his inaccurate statement of truth given before the notary public, he has not committed the offense with direct intent, and thus, the requirements of typical character of the offense of false statements are not met.