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Cuvinte-cheie "Laura Stanilă"

Criminal Liability of Legal Persons. History, Evolution and Trends in Romanian Criminal Law

Autor: Laura STĂNILĂ

Publicat în: Journal Of Eastern European Criminal Law no. 1/2014

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Abstract: The issue of criminal liability of legal persons is a new challenge on the “ramparts ” of Romanian doctrinal debates, but brings to the fore long forgotten theories and conflicts settled long time ago. Amid the express consecration by Romanian legislator of the criminal liability of legal persons institution, debates on the fundament of this form of liability and on possible explanations concerning the criminal liability of a collective subject of law restarted. Tributary to the principle of subjective criminal liability and to the adagio “societas [vezi tot]

Vizualizări 166

Protection of Minor’s Rights in the Romanian Criminal Trial

Autor: Laura STĂNILĂ, Adrian STAN

Publicat în: Journal Of Eastern European Criminal Law no. 1/2018

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Abstract: The legal treatment of juvenile delinquents constitutes an issue raising several difficulties, regarding the age stated by the Romanian legislator for imposing criminal liability and, on the other hand, regarding their special requirements in the criminal trial. The comparative criminal law deals extensively with this issue. As a matter of fact, the legal aspects and difficulties of the criminal trial in case of minors are even more under debate in comparison with the aspects of criminal trial in case of adult perpetrators, the doctrine [vezi tot]

Vizualizări 200

Legal Person and the Tax Evasion Offences. From Theory to Practice

Autor: Laura Maria STĂNILĂ

Publicat în: Journal Of Eastern European Criminal Law no. 2/2015

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Abstract: Tax evasion is a scourge that affects society both in its economic dimension and in its moral, human and legal dimension. In this context, the judicial penal policy of a State, reflected in how the criminal legal norms are promptly applied in concrete situations is a crucial element in fighting this phenomenon. A legal entity is the main actor in the commission of the tax evasion offences, most of such offences being committed in the name, interests or the achievement of the legal purpose of [vezi tot]

Vizualizări 148

Artificial Intelligence and Human Rights. A Challenging Approach on the Issue of Equality

Autor: Laura STĂNILĂ

Publicat în: Journal Of Eastern European Criminal Law no. 2/2018

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Abstract: Artificial Intelligence itself, its increased development and expanded use in all dimensions of social life, tends to rise very complex questions on the interactions between humans and AI systems. AI, with its algorithms, seems to provide models of perfect conduct aiming perfect objectivity. But is this really possible or are we to fall in a hidden trap, ready to lose one of our most important human rights – the right to equality and nondiscrimination. Recent research had demonstrated that, despite careful programming, AI has generated situations of [vezi tot]

Vizualizări 157

On the Necessity of Recognizing Artificial Intelligence as Subject to Criminal Law-The Case of Autonomous Vehicles

Autor: Laura STĂNILĂ

Publicat în: Journal Of Eastern European Criminal Law no. 2/2019

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Abstract: Artificial Intelligence (AI) is a fashioned topic nowadays, it’s multiple approaches in the field of law in general and in the field of criminal law in particular, becoming the new search for the Sorcerer’s Stone for the scholars. The criminal doctrine of AI has already been split into two directions: the pro-recognizing legal personality for AI with the consequence of imposing criminal liability of AI, and the non-recognizing legal personality direction which aims to demonstrate the prematurity of the discussion of this subject due to the [vezi tot]

Vizualizări 149

Specific aspects on the right to a fair trial in the recent caselaw against Romania

Autor: Laura STĂNILĂ

Publicat în: Journal Of Eastern European Criminal Law no. 1/2019

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Abstract: The right to a fair trial provided by art. 6 ECHD is one of the most important elements of the Rule of law. The general content and the specific elements of the right to a fair trial are subject to the constant and contextual teleological interpretation of the European Court of Human Rights. Also, the right to a fair trial received an autonomous interpretation in relation with substantive and procedural provisions of the domestic law. The present study focuses on the recent caselaw of the European [vezi tot]

Vizualizări 124

New species of criminal phenomena: organized cybercrime

Autoare: Laura Stanilă

Publicat în: Journal Of Eastern European Criminal Law no. 2/2020

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Vizualizări 148