Calitatea de subiect activ al infracțiunii de delapidare în cazul administratorului de fapt al unei asociații de proprietari sau locatari și al persoanei care desfășoară servicii pentru asociația de proprietari sau locatari, în baza unui contract de prestări servicii. Opinie privind problema de drept ce a condus la pronunțarea Deciziei HP nr. 31/2022 în materie penală

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Having as a starting point two questions addressed to the High Court of Cassation and Justice within the procedure provided by art. 475 et seq. of the Romanian Criminal Procedure Code, the paper analyses the way in which art. 295 par. (1) with reference to art. 308 of the Romanian Criminal Code is interpreted and applied, in order to establish whether the de facto administrator of a homeowners’ association can be author of embezzlement, respectively whether the person who performs services for such an association based on a service agreement can be considered a person who performs, permanently or temporary, an assignment of any nature within the association, as provided by art. 308 of the Romanian Criminal Code. Briefly, the papers mentions that the de facto administrator of a homeowners’ association, in the sense explained in the paper, can be author of embezzlement and the possibility that a person to be author of such criminal offence does not depend of the nature of the agreement which is concluded with the homeowners’ association, if the said person is responsible with administrating or managing the money of other assets belonging to that association and such powers can be qualified as leading to work relationships.