The teaspoon of sharing is not criminal

On May 14, 2020, the Prosecutor's Office attached to the Constanța Court of Appeal ordered the filing of the case of the criminal complaint filed by the "Association for Freedom of Conscience", through legal representative Emil Moise.

The teaspoon of sharing is not criminal
Photo: Archbishopric of Tomis
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On May 14, 2020, the Prosecutor's Office attached to the Constanța Court of Appeal ordered the filing of the case of the criminal complaint filed by the "Association for Freedom of Conscience", through legal representative Emil Moise. She accuses His Eminence Theodosius, Archbishop of Thomis, and two other priests of the crime of thwarting the fight against disease (art. 352, paragraph 1 of the Criminal Code).

Following the investigations, the Prosecutor's Office found that in the records of DSP Constanța no cases of infection with the new coronavirus were identified that "were related to the officiating of religious services" and there were no suspicions of infection among priests in the Archdiocese of Tomis. At the same time, the Prosecutor's Office also found that the crime provided by the Criminal Code was not committed by the representatives of the Church, as they did not violate measures expressly established by law.

In such situations, the legal analysis foresees the need for measures to prevent or combat the disease as an imperative and not as a recommendation. Therefore, the recommendations of the various institutions cannot constitute a legal basis for violating an article of the Criminal Code.

The prosecutor's office also found that the religious and medical issues, invoked in the criminal complaint by Mr. Emil Moise, are not of a criminal nature.

Consequently, the Prosecutor's Office ordered the filing of the case regarding the denunciation made by the Association "Solidarity for Freedom of Conscience", through legal representative Emil Moise, for committing the crime of thwarting the fight against disease (art. 352, paragraph 1 of the Criminal Code), as the deed it is not of a criminal nature. "