Abstract:
Due to the difference of motives, it is possible to establish the exact limit that separates
the sphere of application of para. (1) art. 327 of the Criminal Code from the sphere of appli-
cation of let. b 1
) para. (2) art. 327 of the Criminal Code. As a result, there is no risk that this
limit will be set on the basis of arbitrary and discretionary criteria by those empowered to
apply criminal law. Consequently, the potential litigant is not deprived of the possibility to
reasonably foresee in which conditions he (she) would respond based on para. (1) art. 327
of the Criminal Code and, respectively, in which conditions he (she) would answer based on
let. b1
) para. (2) art. 327 of the Criminal Code. The content of the let. b 1
) para. (2) art. 327 of
the Criminal Code is certain and does not overlap with the content of para. (1) of the same
article. Consequently, it can be stated that the text “committed out of material interest, for
the purpose of pursuing other personal interests or in the interest of a third party”, used in
let. b 1
) para. (2) art. 327 of the Criminal Code, passes the predictability test. This text should
not be declared unconstitutional.
