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Doctrinary and legal significance of judicial error (Case of the Republic of Moldova)

Autor: Vasilisa Muntean

Publicat în: Analele Universității „Titu Maiorescu”, 2017

Disponibil onlineaici.

Abstract: In the research, a doctrinal and legal analysis of the concept of legal error is carried out. The author provides a self-defined definition of the concept addressed and highlights the main causes and conditions for the occurrence of judicial errors. At present, in the specialized legal doctrine of the Republic of Moldova, the problem of defining the judicial error has been little approached. In this respect, this article is a scientific approach aimed at elucidating the theoretical and normative deficiencies and
errors that occur in the area of reparation of [vezi tot]

Vizualizări 82

The consequences of crimes against victim’s sexual freedom and integrity

Autor: Andrada Nour

Publicat în: Analele Universității „Titu Maiorescu”, 2015

Disponibil onlineaici.

Abstract: Once committed the crime, the victim suffer a whole series of consequences of psychological, social, physical and biological or material nature, which is why the passive subject of the offence, most of the time, no longer can return to living as if nothing had happened. Sometimes, of course, and depending on the nature of the offense, but also depending on the nature of the injury, the victims managed to overcome trauma, partially or even totally, but most of the time, the consequences are impossible to
repair. In the case of [vezi tot]

Vizualizări 110

The lawyer’s role in the new Codes

Autor: Costin-Ion Udrea

 

Publicat în: Analele Universității „Titu Maiorescu”, 2015

Disponibil onlineaici.

Abstract: This paper aims to examine the lawyer’s role given by the legislature following the entry into force of the new Romanian Civil and Criminal codes, the impact they bring to rights and obligations, and to what extent its attributes are taken into account by the new legislation. The adoption of general laws is a unique moment in the legislative framework and a challenge for practitioners. Therefore, this paper aims to firstly analyse the concept of a [vezi tot]

Vizualizări 56

Short considerations regarding the possibility of acknowledging the offence of leaving the accident’s scene if the vehicle crash was made with intention

Autor: Bogdan Mihai Dumitru

Publicat în: Analele Universității „Titu Maiorescu”, 2019

Disponibil onlineaici.

Abstract: There is a jurisprudential and doctrinal orientation which acknowledges cumulatively the offence of hitting or other violence or as the case may be, attempt of murder with leaving the accident scene. Another jurisprudential and doctrinal orientation states that the offence of leaving the accident scene cannot be considered as to be borne by the perpetrator. Through a careful analysis of Anglo-Saxon and continental legal doctrine, the relevant national law texts, as well as the international ones of the European Union, the case law of the European [vezi tot]

Vizualizări 110

The offense of money laundering and terrorist financing provided by the Romanian law no. 129/2019

Autor: Adina Maria Alexandra Popescu

Publicat în: Analele Universității „Titu Maiorescu”, 2019

Disponibil onlineaici.

Abstract: The elaboration of certain financial circuits through which the money obtained from crimes is no longer related to their illicit source is a constant and permanent preoccupation within the criminal environments. The multiplication and diversification of the economic relations lead to the necessity to adopt some laws that would prevent the money laundering activities. In Romania, the law that regulates the measures in this field has been elaborated and has undergone successive modifications [vezi tot]

Vizualizări 114

General considerations concerning unlawful acts

Autor: Laura Tudurut

Publicat în: Analele Universității „Titu Maiorescu”, 2019

Disponibil onlineaici.

Abstract: This study deals with the concept of unlawful act. This paper contains opinions expressed in specialized literature regarding the concept of unlawful act, as well as the indissoluble relationship between the unlawful act and being held legally liable. 

Keywords: unlawful act; legal liability; immoral; legal liability conditions. 

[vezi tot]
Vizualizări 112

Effects of the constitutional court of Romania decision no. 264/2017 on the unconstitutionality of the phrase „In case of cohabitation” in art. 5 let. C) of Law no. 217/2003

Autor: Rodica Burdușel

Publicat în: Analele Universității „Titu Maiorescu”, 2017

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Abstract: The Constitutional Court of Romania (CCR) clarified the meaning of the phrase „in case of cohabitation” by checking the constitutionality of art. 5 lit. c) of Law no. 217/2003 on the way of the exception of unconstitutionality, the control ending with the admission of the exception, and finding the unconstitutionality of the phrase and publishing Decision no. 264/2017 in the Official Gazette of Romania. Given that the decisions of the Constitutional Court take effect erga omnes and not only inter partes, we are following in the present study whether the [vezi tot]

Vizualizări 137

The parliamentary strike as a form of democratic protest – Personal criminal liability of the members of Parliament for the parliamentary strike

Autor: Maria-Georgiana Teodorescu

Publicat în: Analele Universității „Titu Maiorescu”, 2014

Disponibil onlineaici.

Abstract: The article examines the possible criminal implications of the parliamentary strike on the term of Parliamentarians and to what extent the refusal to take part in the work of the Senate and the Chamber of Deputies represents a democratic form of protest or an illicit act. In the present legal context but mostly in the political context, the parliamentary strike may become a common practice of the opposition, which may lead to the temporary blocking of the legislative power. Therefore, it is necessary to analyse the risks to be borne [vezi tot]

Vizualizări 103

Practice problems concerning the interpretation and application of the art. 336 para. 1 provisions of the Romanian Penal Code

Autor: Adinan Halil

Publicat în: Analele Universității „Titu Maiorescu”, 2019

Disponibil onlineaici.

Abstract: The author debates some practical problems arising from Romanian penal legislation as conditioning criminal act of pure alcohol concentration in blood at the time the vehicle has been driven on public roads and not from the time of taking biological samples, or the obligation of the retroactive calculation and the establishment of the alcoholic drink from the moment of driving the vehicle on public roads.

Keywords: alcohol concentration; driving a vehicle; biological samples; traffic safety.

[vezi tot]
Vizualizări 115

Measures to solve prison overcrowding and improve detention conditions

Autori: Marieta Safta, Beatrice Drăghiciu

Publicat în: Analele Universității „Titu Maiorescu”, 2018

Disponibil onlineaici.

Abstract: Solving prison overcrowding and improving detention conditions constitute current concerns in many of the world’s states. These require a correlation of the legislative and administrative measures, but also the measures of social reintegration of convicts, in order also to reduce the recidivism. The present study draws an account of this issue at Romania’s level, outlining the measures the Romanian state has undertaken to fulfill the constitutional obligations and international commitments in order to raise to the standards of fundamental rights protection imposed by them.

Keywords: detention conditions; prison overcrowding; [vezi tot]

Vizualizări 142