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The Advocacy Law Modifies as a Result of the New Criminal Code

By means of the  second title of article 51 point 2 of Law no.187 from 24.10.2012 that applies the Law no. 286/2009 regarding the New Criminal Code, published in the Official Gazette no. 747/12.11.2012, changes have been made to article 39 of Law no. 51/1995 regarding organizing and exercising the lawyer profession.

Unlike the old reglementation of article 39 of Law 51/1995, the new reglementation excludes, by principle, the lawyer under the incidence of art. 175 paragraph 2 of the New Criminal Code. Lawyers are assimilated to public servants only in the situation in which the activity confirms the identity of parts, the content or the date of an act.

Also, the penalties of threatning, hitting or any violence against a lawyer follow the provisions of the New Criminal Code.

Moreover, the provisions of article 279 of the New Criminal Code, that criminalizes the judicial outrage, are also applicable in case of acts of threat, impact or other violence, injuries, collisions causing death or injury or homicide, concerning a lawyer or a family member when are commited in connection with the lawyer’s exercise of profession.