We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
The purpose of this communication is to present the dynamics of the value threshold to the crime of abuse of service, some controversial issues related to the threshold value criteria for this crime, and finally, we propose some solutions.
More...
HIV transmission have been on the increase across Europe - most noticeably in a series of cases in Finland, the Netherlands, Sweden, and the United Kingdom. During this same period, HIV incidence and prevalence has increased, particularly in the countries of Eastern Europe and the Western and Central Asian Republics. In light of this and high profile media coverage of HIV transmission cases, there is concern that States might increasingly choose to legislate the criminalization of the transmission of HIV and prosecute people who transmit HIV, leading to the infringement of the human rights of people living with HIV or AIDS (PLWHA).
More...
The purpose of this paper is to analyze the newest instrument for international cooperation in criminal matters – the European Investigation Order. The Order was laid out in the Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 and the main goal was the introduction of a single instrument for the gathering of evidence between EU Member States in cases with a cross-border dimension. The paper tries to systematize the general framework in which the European Investigation Order works and to present the novelties for the instruments of judicial cooperation in criminal matters under the principle of mutual recognition. However, the presentation is not exhaustive; it is meant to offer a preliminary analysis of the provisions of the Directive and to open new direction of research.
More...
The study does not intend to make an in extenso presentation of cassation appeal as an extraordinary way of attack, but only briefly outlines the evolution of regulations in this field, as well as actual trends in recent history. Remedies are means provided by the law by which the State, through the Public Ministry, and the persons designated by law promote a judicial control in which criminal judgments are verified in order to abolish those judgments which contain factual and legal errors and replacing them with judgements in accordance with law and truth. Remedies against court decisions, both ordinary and extraordinary, are based on the need to control the work of the courts. Following the exercise of judicial control, possible errors in the judicial process can be avoided either in establishing facts or in law enforcement.
More...
The enactment of national security must aim at the achievement of a legal framework for the immediate necessities of a state law, that is to own intelligence specialized institutions, to enable them with powers, sufficient to ensure learning, preventing and counteracting any action that might represent a threat to the national security, to preserve the state lawfulness, the balance and the social,economic and political stability, which are the perequisites for the existence and the development of the national Romanian state, as a sovereign, independent, unitary, indivisible entity, maintaining the constitutional order as well as carrying out the proper climate for free exercise of the rights, liberties and the fundamental duties, as stated by the Constitution.The law of the national security consists of stipulations meant to ensure the protection of the fundamental rights and liberties of the citizens in relation to the means used to obtain the intelligence as well as to the measures of preventing, learning, or counteracting, carried out by the national institutions empowered to act as such.These regulations aim to eliminate any possibility of ignorance, harm or infringement of the fundamental rights and liberties, as they consist of a plethora of juridical premises that convey the activity of the national institutions commissioned for this purpose, into a necessay and possible activity, within a climate of fully preserving the fundamental rights and liberties.The situations defined by art. 3 from Law nr 51/1991 are considered threats to the national security and represent the legal basis for the commissioned government institutions to take steps in order to obtain the national security warrant in view of carrying out actions, that aim at and justify the temporary limitation of the fundamental rights and liberties
More...
The principles of timely application of the criminal procedure law have been changed vision in the last 30 years. The Spanish Constitutionmaker from 1978, the Portuguese lawmaker from 1987 and afterwards the West European doctrinal debates have emerged consistent reasons for a full-guaranties profile in this domain, because the citizen shoudn't be a mere instrument for the triumph of social defence necessities.
More...
Obtaining data on a person's financial transactions is one of the most severe intrusions in private life, so that the need to correlate criminal procedural law with these modern investigative methods, steps to ensure compliance between the criminal procedural regulation and the requirements of the fundamental law, both of these are edited in the Romanian Constitution as well as with the normative and jurisprudential requirements stemming from art. 8 of the European Convention on Human Rights
More...
The present paper aims at examining the configuration of the probation measures and obligations that are comprised in the individualisation modalities of deferred sentence and suspended sentence on probation, both in theoretical terms and in the light of their enforcement dynamics. For a thorough understanding of the current lawmaker’s design of these criminal law institutions, the prior establishing of several diachronic regulatory elements at national level as well as the indication of certain international legal instruments that set standards in these matters are required, which reflect the regulatory evolution of these alternative forms to the custodial sentence. Furthermore, the cumulative conditions for ordering the deferred sentence and suspended sentence on probation as well as the content of the related probation measures and obligations are outlined. Finally, the conditions for modifying or terminating the obligations imposed by the court of law are analysed, especially from the case-law perspective, by pointing out various issues of law encountered in the course of resolving applications submitted in this respect.
More...
Conditional release is an institution of substantial criminal law, of great importance to both convicted person and the criminal policy of our state, which can only be ordered by the court, accessible to any convicted person, after enforcement of a part of the custodial sentence and the fulfillment of other conditions foreseen by the law, which consists in executing the last part of the custodial sentence in liberty with the purpose to stimulate and prepare the convicted person for his final release and for his quicker reintegration into society, subject to the fulfillment of both prior and post-release conditions.The paper seeks to analyze the conditions that a convicted person has to fulfill in order to benefit from conditional release, both objective and subjective, from the perspective of its evolution. The paper starts with a presentation of the purpose of the institution as it follows from the definitions given in doctrine, and continues with a short history of it in the Romanian legislation. The last part presents an analysis of the conditions for the granting of conditional release from imprisonment, aiming to highlight the conditions maintained by the legislator in the old regulations and, on the other hand, highlights the new conditions introduced by the current, more restrictive regulations, but established with a view to achieving better training for persons sentenced for final release and easier reintegration in society.
More...
In this study, the author analyzes the evolution of the regulations on corruption offenses in the five Romanian Penal Codes, aiming at highlighting the preoccupation of the legislative power to find effective solutions for fighting and sanctioning corruption during 1918 and so far. At the same time, there was an appreciation of the particularities of the regulations in each of the Romanian criminal codes analyzed. In the final part of the study, taking into account the changes expected to be implemented in the Romanian criminal law, including corruption, we tried to bring to the attention of the legislator more proposals to develop the effectiveness of the fight against corruption at the current stage.
More...
Generic presentation of the overall image în the indictment, of the criminal activity, without being specified concretely and în detail, with a pertinent reference to the evidence they support, the criminal activity of each defendant violates the equality of arms and the predictability of the criminal proceedings. Also, limiting the prosecutor to indicating the evidence on which the accusation is based on an enumeration of evidence and a faithful reproduction and în a generic context of the content of certain evidence, without, of course, including a particular and pertinent analysis of the factual circumstances în which a particular conduct is alleged to be attributable to a particular defendant would, în our view, constitute a breach of the right to effective protection, thus violating the fairness of the proceedings, în article 6 par. 2 of the Directive 2012/13 / EU of the EU Parliament, and the principle of finding the truth provided by art. 5 C.C.P. In many cases, art. 6 (4) of the Directive 2012/13 / EU on the right to information în criminal proceedings is breached, although România is obliged to respect (“the suspected or accused persons to be promptly informed of any change în the information provided ... where necessary to ensure the fairness of the proceedings”), more art. 29 of the preamble to the Directive, stating that all changes must be communicated to the suspected and timely persons în order to enable the effective exercise of the right to defence.
More...
If the measure of judicial control, namely that of judicial bail in the course of criminal prosecution, was ordered against the defendant, the Preliminary Chamber judge has the obligation to verify the legality and the merits of these measures within 3 days from the registration of the file, before the termination of their duration. The 3-day deadline is a term of recommendation, which does not have the nature of an imperative term, so exceeding this term does not lead to the cessation of the preventive measure, as the provisions of Art. 241 par. (1) lit. a) NCPP NCPP (New Criminal Procedure Code – NCPC). The Preliminary Chamber judge may order that the measure of judicial control/judicial control on bail (not taking such a measure, previously ordered during the criminal prosecution), replacing it with another preventive measure, the legal termination of the preventive measure. Verification of the legality and soundness of the measure of judicial control, ie judicial control on bail, is done in a council room, with the participation of the prosecutor and with the summoning of the defendant; legal assistance is mandatory in the cases provided by art. 90 NCPC. Subsequently, during the Preliminary Chamber procedure, the judge has the obligation to verify periodically, but not later than 60 days, if the grounds that led to the taking of the measure of judicial control, namely the judicial control on bail, under the sanction of the legal termination of the preventive measure.
More...
With the conclusion of a guilty acquittal agreement, the defendant forgoes the right to be tried in a joint judicial process and deprives himself of a series of rights. Regarding these issues, the defendant will have to weigh vigorously if necessary to initiate such a procedure, and will proceed only if it has certain benefits and will fully understand theconsequences of such a procedure.
More...
The crimmigration phenomenon has known a significant extension in Europe in the last period of time. The states from the Western Europe have been permanently confronted with massive immigrant population movement came from different areas of the world, one of the most frequent case being Syria, which has produced an intense immigration flow to the European countries because of the internal conflicts, which have crumbled this country. Other countries, such as Afghanistan, also increased the number of immigrant population but the example of Syria remained, in this context, one of actuality. Taking into account this phenomenon, in the current paper I would like to analyse the concept of crimmigration, to discuss about its causes as well as the evolution it passed and its consequences as well.
More...
In front of an arguable evolution of the contemporary society, the individual faces a real and complex struggle for adaptation to social realities, dominated by the confusion generated by transformations across all levels of social life, especially those in the regulatory framework. The justified and constant need for equity, proportionally, the perfect interaction of individual socio-psychological factors, social, political, ideological and religious factors, a less important role of culture, the existence of real identity problems corroborated with the effects of traumas, of other mechanisms triggering anti-social behaviors, as well as the need for group membership, its dynamics, psycho-radicalizing factors / manipulators, and the role played by the diversity of social networks, all these require the immediate, justified intervention of the state entitled to implement and guarantee the enforcement of the law in a multidisciplinary manner.The reality of the rise of social nonconformism - an identified cause of radicalization, with unfavorable social consequences - generates responses from legal bodies and, with specialists in law and science being called upon to provide solutions to questions arising from an obvious social rebound:What are the causes that contribute, generate and augment this social phenomenon?Is there a uniqueness in approaching the causality of the phenomenon?Are there viable solutions legally, and at the social level should be applied to diminish this phenomenon? Pro-causes or pro-effects?
More...
The chosen theme refers to the main legislative aspects that marked the evolution of the penitentiary system in our country after the 1918 Great Union event. The first part presents the context in which the union was made, and the sections show the main characteristics of the periods conventionally delimited by the author, respectively 1918-1990 and 1990-present, pointing to the normative acts and some of their effects.
More...
The article presents and analyzes the main forensic tactical rules and procedures for hearing victims of trafficking in human beings. Hearing of victims of trafficking in human beings takes place during the following stages: preparing and planning the hearing of the victim of trafficking in human beings; familiarizing the trafficked person with the hearing process; the actual hearing of victims of trafficking in human beings; verification and appreciation of the victim's statement of trafficking. Victims of trafficking in human beings are both adults, men and especially women and children. The process of hearing victims of trafficking in human beings should be conducted at a pace appropriate to the needs of victims of trafficking in human beings. Investigators have the duty to ensure that the forensic tactical procedures and rules of hearing that will be used will not have a negative impact on respecting both the dignity of victims and other rights they have in the criminal process.
More...
The present study briefly examines the main provisions of the 1906 Patents Act, since the period in which it was in force is included in the timeframe we are interested in.In the Romanian specialty doctrine it was stated that this law would not be the first act by which industrial creations benefit from protection. Although it seems to go beyond the article, a brief analysis of the issue is not unrelated because it clarifies whether the law of the past one hundred years was or was not the first legal measure in the matter, with all its consequences.Current legislation, with all inherent imperfections, is nevertheless a real breakthrough in lawmaking, in connection with international provisions, or in the reception of practical problems, leading to the development of consistent, unitary and up-to-date legal provisions, including terminological and registration procedures. The last hundred years in the field of patent law was a period of time in which the most qualitative-positive changes took place, reaching today an efficient regulation system linked to the imperatives of a state of law.
More...