The active subject of the offense of favoring the perpetrator. Self-favoring. Meeting the standard requirements

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

The judicial doctrine considers that the active subject of the crime of favoring the perpetrator can be any person who is criminally liable, except for the participants in committing the action subject to favoring.

Some nuances have been made in the jurisprudence in the sense that participants in the same act may also commit the crime of favoring the perpetrator, as long as they are not tried at the same time, and 'aid' refers exclusively to the hypothesis given in order to prevent or hinder enforcement of the sanction (see the High Court of Cassation and Justice, Criminal Division, decision no. 264/2014).

In the case, the witnesses heard showed that the defendant A., sent to trial for the crime of favoring the perpetrator, asked the defendants, at that time investigated for the crime of tax evasion, to leave the country, sent them the amount of EUR 10,000 through witness F. in order to remain abroad and not appear before the investigating bodies, as he was directly interested in them not appearing before the investigators and to declare his involvement in tax evasion.

The evidence produced reflects the participation of the defendant A. in tax evasion in the file no. […]/P/2012 of the Prosecutor's Office attached to the Arad Tribunal, and the favoring activity performed benefited the defendant, reason for which his action is not limited to the crime of favoring the perpetrator, given that favoring the perpetrator involved an activity of favoring another and not a self-favoring activity, the subject of favoring is neither the author nor the participant in the deed in connection with whom the favoring activity was committed. As the typical elements of the crime of favoring the perpetrator were not met, the defendant was acquitted.