CKS | Penalmente Relevant

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 193

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 134

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 141

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 169

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 156

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 194

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 260

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 137

The reasonable doubt in the Romanian criminal trial

Principiile și limitele aplicării legii procesuale penale, Deliberarea și hotărârea instanței, Probele, mijloacele de probe și procedeele probatorii, In dubio pro reo, Judecata, Drept procesual penal

Autor: Bogdan MICU

Publicat în: Challenges of the Knowledge Society, 2015
Disponibil online: aici.
Abstract: This work represents a doctrinary approach with certain judiciary practice highlights of the manner in which the standard regarding the evidence “beyond any reasonable doubt” can be found in the new Criminal Procedure Code. The research made led to the ascertainment that the acknowledgment of this standard of evidence consecrated at the European level and its assimilation into the Romanian juridical regulations ensured a guaranteeing of human rights within the criminal trial.

Keywords: reasonable doubt, criminal trial, human rights protection, criminal law.…

[vezi tot]

Vizualizări 154

The establishment, individualisation and change of the regime regarding the imprisonment penalty

Drept execuțional penal

Autor: Dantes MARCOVICI, Călin MOCANU

Publicat în: Challenges of the Knowledge Society, 2015
Disponibil online: aici.
Abstract: In this study our aim is to analyze the way of establishment, individualize and change of the arrangements for the execution of the punishment in relation to changes brought about by the Law no. 254/2013, on the implementation of the measures and penalties of imprisonment arranged by legal bodies during trial, published in the Official Gazette no. 514 of August 14 2013. Also, we will examine the role of the Commission for the establishment, individualization and changing arrangements for executing the sentences [vezi tot]

Vizualizări 136

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