CKS | Penalmente Relevant

An economic analysis of the prison system

Diverse, Drept execuțional penal

Autor: Luciana Ioana GRUIA
Publicat în: Challenges of the Knowledge Society, 2014
Disponibil online: aici.
Abstract: The article presents a short cost analysis related to the prisoners of Romania in comparison
with other countries. The purpose of the article is to present the current situation of the costs and
expenditures, the state is taking when imprisoning a delinquent and to draw future lines for the
improvement of the prison system and Criminal Code. Data is used from online available
governmental sources worldwide and is statistically worked and interpreted. The analysis is
corroborated with the laws from the old [vezi tot]

Vizualizări 58

The pre-trial chamber judge

Probele, mijloacele de probe și procedeele probatorii, Cameră preliminară, Drept procesual penal

Autor: Edgar Laurenţiu DUMBRAVĂ
Publicat în: Challenges of the Knowledge Society, 2014
Disponibil online: aici.
Abstract: The importance of this work lies in important changes in the new Code of Criminal Procedure,
amendments justified by the new realities of a democratic society in which criminal procedural rules
must be adapted according to the daily realities in the achievement of justice.
The purpose of the paper is given by the need of approaching at a theoretically level the
institution of The Pre-Trial Chamber Judge, given that so far there have not been developed any
works on the subject. This [vezi tot]

Vizualizări 72

The fundaments of explanatory causes

Cauze justificative, Cauze de neimputabilitate, Drept penal. Partea generală

Autor: Lavinia Mihaela VLĂDILĂ

Publicat în: Challenges of the Knowledge Society, 2015
Disponibil online: aici.
Abstract: The new Criminal Code in the specter of the legal life the division of causes removing the criminal feature of the offence in explanatory causes and non-attributable causes. This dichotomy is not without legal and factual fundaments and has been subjected to doctrinaire debates even since the period when the Criminal Code of 1969 was still in force. From our perspective, one of the possible legal fundaments of the explanatory causes results from that the offence committed is based on the protection [vezi tot]

Vizualizări 492

Implications of the new legislation on the fundamental principles of the criminal trial

Principiile și limitele aplicării legii procesuale penale, Drept procesual penal

Autor: Andrei ZARAFIU

Publicat în: Challenges of the Knowledge Society, 2015
Disponibil online: aici.
Abstract: Each type of criminal trial is construed, from a systemic and normative perspective, on a range of fundamental rules. The current pattern of criminal trial applied at national level since the implementation of the New Code of Criminal Procedure knows the same normative approach, which begins with the regulation of the Principles for the application of the criminal procedure law. Even if, from the perspective of the form, the new procedure law was construed on the same normative fundament, from the perspective of [vezi tot]

Vizualizări 374

The plea bargain agreement

Acordul de recunoaștere a vinovăției, Proceduri speciale, Drept procesual penal

Autor: Radu SLĂVOIU, Mihai Daniel ONIȘOR

Publicat în: Challenges of the Knowledge Society, 2015
Disponibil online: aici.
Abstract: Alongside major changes in Romanian criminal law, the plea bargain agreement gave a new approach on the mechanisms of criminal procedure in national law, thus creating a series of problems and divergent interpretations of the content and limits of this mechanism in solving criminal litigation. What motivated us in our scientific analysis was the novelty of the issues that arose both in the doctrine and interpretation of the legal provisions and in the practice of prosecution offices and national courts, [vezi tot]

Vizualizări 424

Comparative aspects regarding the settlement under the code of criminal procedure of 1969 by the high court of cassation and justice of an appeal against an unreasoned conviction sentence delivered by the court of appeal subsequent to the acquittal decision issued by the trial court

Recursul în casație, Garanțiile prevăzute de art. 6 CEDO, Căi extraordinare de atac, Judecata, Drept procesual penal, Drepturile omului

Autor: Mircea Constantin SINESCU

Publicat în: Challenges of the Knowledge Society, 2015
Disponibil online: aici.
Abstract: This article examines, in relation to the national law (the Code of Criminal Procedure of 1969) and the provisions of the European Convention on Human Rights, the judgment of an appeal filed against an unreasoned sentencing decision delivered by the appellate court subsequent to a decision for acquittal rendered by the first-instance court (trial court). The article approaches this issue in light of the domestic and the international case law, with a highlight on several sentences that are deemed illegal due to their [vezi tot]

Vizualizări 470

Legal framework of educational measures involving non-deprivation of liberty in Romanian criminal law

Măsuri educative, Minoritatea, Drept penal. Partea generală

Autor: Andrei-Lucian PUȘCAȘU

Publicat în: Challenges of the Knowledge Society, 2015
Disponibil online: aici.
Abstract: In case of minors with age between 14 and 18 year old, who have committed a criminal offense and are liable from the criminal point of view, Romanian Criminal Code establishes a specific system of criminal penalties entitled educational measures. The following study aims to analyze the educational measures involving non-custodial of liberty.

Keywords: educational measure; minors; Romanian Criminal Code; sanctions.…

[vezi tot]

Vizualizări 426

Withdrawal of previous complaint. A comparison of the old and the new criminal code. Problems of comparative law

Retragerea plângerii prealabile, Drept penal. Partea generală, Cauzele care înlătură răspunderea penală

Autor: Alin-Sorin NICOLESCU

Publicat în: Challenges of the Knowledge Society, 2015
Disponibil online: aici.
Abstract: In criminal law previous complaint has a double legal valence, material and procedural in nature, constituting a condition for criminal liability, but also a functional condition in cases expressly and limitatively provided by law, a consequence of criminal sanction condition. For certain offenses criminal law determines the initiation of the criminal complaint by the introduction of previous complaint by the injured party, without its absence being a question of removing criminal liability. From the perspective of criminal material law conditioning of the existence of [vezi tot]

Vizualizări 466

The object of the admission of guilt

Procedura abreviată a recunoașterii învinuirii, Judecata, Drept procesual penal

Autor: Constantin NEDELCU

Publicat în: Challenges of the Knowledge Society, 2015
Disponibil online: aici.
Abstract: This paper aims at studying how elements of negotiated justice specific to common law systems entered into the Romanian criminal procedural law system. It particularly deals with the admission of guilt and about one of its most controversial aspects – the object of recognition. The research concludes that what is recognized within this simplified procedure it is the deed and not its legal classification given by the criminal prosecution bodies.

Keywords: criminal trial, admission of guilt, legal qualification, negotiated justice.…

[vezi tot]

Vizualizări 529

The complementary penalty of publishing the conviction decision in terms of the new criminal cod

Pedepse, Publicarea hotărârii definitive de condamnare, Pedeapsa accesorie și pedepsele complementare, Drept penal. Partea generală

Autor: Cristina-Daniela MUNTEANU

Publicat în: Challenges of the Knowledge Society, 2015
Disponibil online: aici.
Abstract: We think that the approach of such subject presents without a doubt a scientific interest, in the context of the legal amendments brought by the new criminal law. In the form of a monographic study, the article is dedicated to analysing the complementary penalty of publishing the final conviction decision, in case of the natural person as well as of the legal one, by reference to the provisions of the Criminal Code, but also to the incidental laws. As we are talking about the [vezi tot]

Vizualizări 399

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