Réflexions au sujet de l’infraction de la fausse dénonciation ou de la fausse plainte

Studii Juridice Universitare

卷:1-2 (49-50)

Mihail SORBALA¹ 

[1] ULIM;

关键词: accusation;    complaint;    statements;    investigating authority;    justice;    criminal liability;    criminal law;    guilt;   

DOI  :  10.5281/zenodo.4236494

来源: DOAJ

【 摘 要 】

In order to combat the attacks on the interests of justice, the criminal law criminalizes the social-dangerous facts in the chapter “criminal offences against justice». Among the frequent attacks that endanger the values protected by criminal law in the field of performing the act of justice, in particular, the false denunciation or the false complaint are required. An essential damage to the activity of the criminal investigation bodies and the courts, at the moment, is caused by the act incriminated in art 311 of the Criminal Code. The social danger of the named criminal offence is expressed by the fact that, making it difficult to achieve the objectives of the justice, they can objectively distort the truth in criminal cases, they can affect and complicate the activity of the justice bodies regarding the removal of the guilty persons, they can contribute to their abduction from liability, to lead to the delays of the terms of the investigation and examination of the cases in court, to essentially affect or to infringe the legitimate rights and interests of the persons, to diminish the educational role of the criminal prosecution and of the fact of examining the criminal case in the court. At the same time, it should be mentioned that among the criminal offences against justice, false denunciation or false complaint are most commonly encountered.

【 授权许可】

Unknown