Brief Legal Analysis of Justifiable and Non-Imputable Causes during Missions to Restore Public Order in Romania

Abstract

The paper analyses the legal and practical framework for the application of justifiable causes and non-imputability for Romanian Gendarmerie forces acting in missions to restore public order when it has been seriously disrupted. Based on current legal norms, in particular the criminal law provisions on justifiable causes and non-imputability, corroborated with the provisions of the organic law on the organization and functioning of the Romanian Gendarmerie, the working hypothesis is that the application of these causes, in the context of forceful intervention raises significant interpretative problems, which may lead to the risk of excessive use of force, abuse, or underprotection of gendarmes. The research method combines an analysis of the applicable legislation, doctrines, and case law decisions, as well as a representative case study. The conclusions reveal the need for procedural clarification and application criteria to ensure a balance between the fundamental rights of citizens and the need to ensure public order in a modern, democratic state.