Mi s-a recomandat de catre unele persoane (cu putina rautate in glas
), sa ma mai uit " in ograda vecinilor, adica in dreptul penal comparat". Ceea ce am si facut, insa m-am dus si un pic mai departe de Europa si am trecut peste Ocean.
Imi cer scuze ca trebuie sa redau intreg textul in engleza.
Codul Penal al Statului California
"Sec 69. Every person who attempts, by means of
any threat or violence,
to deter or prevent an executive officer from performing any duty
imposed upon such officer by law, or who knowingly resists, by the
use of force or violence, such officer, in the performance of his
duty, is punishable by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in the state prison, or in a county
jail not exceeding one year, or by both such fine and imprisonment.
&...&...&...
Sec. 71. Every person who, with intent to cause, attempts to cause, or
causes, any officer or employee of any public or private educational
institution or any public officer or employee to do, or refrain from
doing, any act in the performance of his duties, by means of a
threat, directly communicated to such person, to inflict an
unlawful
injury upon any person or property, and it reasonably appears to the
recipient of the threat that such threat could be carried out, is
guilty of a public offense punishable as follows:&...&...&...&...
Codul Penal al statului New York:
"ARTICLE 195
OFFICIAL MISCONDUCT AND OBSTRUCTION OF PUBLIC SERVANTS
GENERALLY
Section 195.00 Official misconduct.
195.05 Obstructing governmental administration in the second
degree.
195.06 Killing or injuring a police animal.
195.07 Obstructing governmental administration in the first
degree.
195.08 Obstructing governmental administration by means of a
self-defense spray device.
195.10 Refusing to aid a peace or a police officer.
195.11 Harming an animal trained to aid a person with a
disability in the second degree.
195.12 Harming an animal trained to aid a person with a
disability in the first degree.
195.15 Obstructing firefighting operations.
195.16 Obstructing emergency medical services.
195.20 Defrauding the government.
S 195.00 Official misconduct.
A public servant is guilty of official misconduct when, with intent to
obtain a benefit or deprive another person of a benefit:
1. He commits an act relating to his office but constituting an
unauthorized exercise of his official functions, knowing that such act
is unauthorized; or
2. He knowingly refrains from performing a duty which is imposed upon
him by law or is clearly inherent in the nature of his office.
Official misconduct is a class A misdemeanor.
S 195.05 Obstructing governmental administration in the second degree.
A person is guilty of obstructing governmental administration when he
intentionally obstructs, impairs or perverts the administration of law
or other governmental function or prevents or attempts to prevent a
public servant from performing an official function, by means of
intimidation, physical force or interference, or by means of any
independently unlawful act, or by means of interfering, whether or not
physical force is involved, with radio, telephone, television or other
telecommunications systems owned or operated by the state, or a county,
city, town, village, fire district or emergency medical service or by
means of releasing a dangerous animal under circumstances evincing the
actorns intent that the animal obstruct governmental administration.
Obstructing governmental administration is a class A misdemeanor.
S 195.06 Killing or injuring a police animal.
A person is guilty of killing or injuring a police animal when such
person intentionally kills or injures any animal while such animal is in
the performance of its duties and under the supervision of a police or
peace officer.
Killing or injuring a police animal is a class A misdemeanor.
S 195.07 Obstructing governmental administration in the first degree.
A person is guilty of obstructing governmental administration in the
first degree when he commits the crime of obstructing governmental
administration in the second degree by means of interfering with a
telecommunications system thereby causing serious physical injury to
another person.
Obstructing governmental administration in the first degree is a class
E felony.
S 195.08 Obstructing governmental administration by means of a
self-defense spray device.
A person is guilty of obstructing governmental administration by means
of a self-defense spray device when, with the intent to prevent a police
officer or peace officer from performing a lawful duty, he causes
temporary physical impairment to a police officer or peace officer by
intentionally discharging a self-defense spray device, as defined in
paragraph fourteen of subdivision a of section 265.20 of this chapter,
thereby causing such temporary physical impairment.
Obstructing governmental administration by means of a self-defense
spray device is a class D felony.
S 195.10 Refusing to aid a peace or a police officer.
A person is guilty of refusing to aid a peace or a police officer
when, upon command by a peace or a police officer identifiable or
identified to him as such, he unreasonably fails or refuses to aid such
peace or a police officer in effecting an arrest, or in preventing the
commission by another person of any offense.
Refusing to aid a peace or a police officer is a class B misdemeanor.
S 195.11 Harming an animal trained to aid a person with a disability in
the second degree.
A person is guilty of harming an animal trained to aid a person with a
disability in the second degree when such person intentionally causes
physical injury to such animal while it is in the performance of aiding
a person with a disability, and thereby renders such animal incapable of
providing such aid to such person, or to another person with a
disability.
For purposes of this section and section 195.12 of this article, the
term "disability" means "disability" as defined in subdivision
twenty-one of section two hundred ninety-two of the executive law.
Harming an animal trained to aid a person with a disability in the
second degree is a class B misdemeanor.
S 195.12 Harming an animal trained to aid a person with a disability in
the first degree.
A person is guilty of harming an animal trained to aid a person with a
disability in the first degree when such person:
1. intentionally causes physical injury to such animal while it is in
the performance of aiding a person with a disability, and thereby
renders such animal permanently incapable of providing such aid to such
person, or to another person with a disability; or
2. intentionally kills such animal while it is in the performance of
aiding a person with a disability.
Harming an animal trained to aid a person with a disability in the
first degree is a class A misdemeanor.
S 195.15 Obstructing firefighting operations.
A person is guilty of obstructing firefighting operations when he
intentionally and unreasonably obstructs the efforts of any:
1. fireman in extinguishing a fire, or prevents or dissuades another
from extinguishing or helping to extinguish a fire; or
2. fireman, police officer or peace officer in performing his duties
in circumstances involving an imminent danger created by an explosion,
threat of explosion or the presence of toxic fumes or gases.
Obstructing firefighting operations is a class A misdemeanor.
S 195.16 Obstructing emergency medical services.
A person is guilty of obstructing emergency medical services when he
or she intentionally and unreasonably obstructs the efforts of any
service, technician, personnel, system or unit specified in section
three thousand one of the public health law in the performance of their
duties.
Obstructing emergency medical services is a class A misdemeanor.
S 195.20 Defrauding the government.
A person is guilty of defrauding the government when, being a public
servant or party officer, he:
(a) engages in a scheme constituting a systematic ongoing course of
conduct with intent to defraud the state or a political subdivision of
the state or a governmental instrumentality within the state or to
obtain property from the state or a political subdivision of the state
or a governmental instrumentality within the state by false or
fraudulent pretenses, representations or promises and
(b) so obtains property with a value in excess of one thousand dollars
from such state, political subdivision or governmental instrumentality.
Defrauding the government is a class E felony."
Codul Penal al RFG
"Section 113 Resistance to Law Enforcement Officials
(1) Whoever, by force or threat of force, offers resistance to or violently assaults a public official or soldier of the Federal Armed Forces, who is charged with the enforcement of laws, ordinances, judgments, judicial rulings or orders, while in the performance of such an official act, shall be punished with imprisonment for not more than two years or a fine.
(2) In especially serious cases the punishment shall be imprisonment from six months to five years. An especially serious case exists, as a rule, if:
1. the perpetrator or another participant carries a weapon in order to use it during the act; or
2. the perpetrator, through an act of violence, places the person assaulted in danger of death or serious health damage.
(3) The act shall not be punishable under this provision if the official act is unlawful. This shall also apply if the perpetrator mistakenly assumes that the official act is lawful.
(4) If the perpetrator during the commission of the act mistakenly assumes that the official act is unlawful and if he could have avoided the mistake, then the court may mitigate the punishment in its discretion (Section 49 subsection (2)) or dispense with punishment under this provision where guilt is slight. If the perpetrator could not have avoided the mistake and under the circumstances known to him he could not have been expected to use legal remedies to defend himself against the presumed unlawful official act, then the act shall not be punishable under this provision; if he could have thus been expected, then the court may mitigate the punishment in its discretion (Section 49 subsection (2)) or dispense with punishment under this provision. "
N-am gasit nicaieri ultraj prin insulta sau violenta... sau poate nu am cautat suficient.
Virtual, daca ai fi citit cu atentie raspunsul meu, ti-ai fi dat seama ca nu am inteles sensul intrebarii puse de constable; pe viitor fii un pic mai atent.
Si ca sa raspund in sfarsit la intrebare, mi se fare corecta masura dezincriminarii ultrajului prin modalitatea de savarsire a insultei si calomniei; ajunsese ca orice functionar public prevazut la 239 sa fie tratat ca Sfintele Moaste. Iar situatia data de tine Virtual, ar trebui sa fie prevazuta doar ca abatere judiciara si sanctionata cu amenda.
Avem multe de invatat de la el. Si nu numai, ci chiar de aflat pur si simplu. ;)