Clarity and predictibility of special justification cause laid down in article 226 para 4 d of the criminal code

Abstract

The Romanian legislature has shown great concern in the past few years in offering an adequate level of protection to all fundamental rights accordingly with the ECHR’s ever evolving jurisprudence. As such, the crime of violation of private life (article 226 Criminal Code) has been introduced, for the first time, in the Romanian criminal law. In its attempt to preserve the right balance between the freedom of the press and the right to private life, the Parliament has introduced a special justification clause, according to article 226 para. (4) d) Criminal Code. This article aims to analyze to what extent this clause respects the principles set by the ECHR and the Romanian Constitutional Court regarding the predictability and the clarity of the criminal law provisions. The article will also try to emphasize some aspects which could be taken into consideration by the judicial authorities when analyzing the applicability of the justification clause at least until there will be an early jurisprudence.