Journal of Danubian Studies and Research, Vol 2, No 1 (2012)

Abstract

The objective of this study is to make a comparative analysis of the criminal liability of the
head of state in parliamentary republics and in semi presidential republics. The paper introduces the
concepts of “non-responsability” and “inviolability” of the President and is based on recent researches
in Comparative Law which regard the criminal liability of the head of state. The approach was based
on a comparative study and on observing how to apply in practice the constitutional provisions
concerning the criminal liability of the President. As a result of using these methods we can establish
the precise and obvious rules concerning the institution analyzed. The implications of this study refer
to a better knowledge of the regulation of the criminal liability in certain states which allow an
efficient reception and enforcement of the constitutional provisions on the matter. The consistency
and universality of certain solutions provide great legitimacy to the comparative law in the field under
investigation.