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Based on art. 6 para. 1 of the (European) Convention of human rights and fundamental freedoms and art. 21 para. (3) of the Romanian Constitution (revised and republished), the author reviews numerous texts in the new (Romanian) Code of Civil Procedure (Law no. 134/2010, published in the Official Gazette of Romania, Part I, No. 485 of July 15th, 2010, yet unenforced), which implements, specifically, the principle of the right to a fair trial within optimal and predictable delay. -
If, from the sociological point of view, business criminal law exists, its scope varies from one author to another, failing to determine which view is correct and which one is not. Business Criminal Law merely reflects the complexity of social relations and the difficulty to clearly separate distinct human activities. We may consider that business criminal law is addressed to professionals in the economic area and appears as a right of synthesis, regrouping common law criminal offences (theft, fraud, breach of trust, etc.), indictments in the field of economic criminal law or financial or tax criminal law and, naturally, indictments in the field of commercial criminal law.
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The article’s author attempts to identify and customize various approaches on the groundlessness or illegality of the procedure to request and issue audio and video interception and recording releases, both within the criminal procedure field and within the national security field, suggesting a fortiori customized penalties or remedies - where appropriate –. The purpose of the analysis is to eliminate any mistakes or even abuses that may occur during the approval of hidden research means mentioned above, as well as to guarantee everyone’s right to respect for private and family life.
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As a sanction for non-compliance of obligations incumbent upon the convict during probation, revocation of the conditional suspension of penalty execution is governed by provisions of art. 83 and 84 of the Criminal Code in force. In recent years, legal practice of law courts in Romania are increasingly raising the question as to the deadline revocation of conditional suspension in case of non-compliance of civil responsibilities may be claimed; additionally, law courts embrace a different approach on the subject of procedural background in terms of admissibility of a claim as such. Taking our stand upon these premises, the review hereby aims to clarify some issues that, amid a weak legal framework, generated inconsistent case law in court activities, along with the above mentioned matters, while high interest was taken into consequences of probation period completion during the case trial. On the strength of a systematic review of relevant provisions in the field, and of a scrupulous comparative analysis of provisions set forth in the new Criminal Code and the new Criminal Procedure Code, the article highlights different cases brought to courts’ attention, the author considering that the claim’s enunciation and obtaining the revocation decision should occur before the probation period is completed and, implicitly, prior to the moment the convict’s rehabilitation de jure supervenes.
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The overview hereby analyses provisions of the Supreme Court’s decision no. III/2002, which regulates interpretation and uniform application of provisions of art. 2151 in the Criminal Code regarding the crime of embezzlement committed by the landlords’ or tenants’ association manager in his capacity as employee. The author substantiates, however, that provisions of decision no. III/2002 may not be applicable to managers employed with landlords’ or tenants’ associations lacking legal entity status, whereas these associations may not enter into individual employment contract, which is why the manager is not employed and therefore, not a civil servant, and, likewise, it may not be applicable to managers employed with landlords’ or tenants’ associations on the strength of legal agreement, whereas, in default of an individual employment contract, they are not employed and therefore, not civil servants.
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The emergence of Decree-Law no. 24/1990 led to conflicting interpretations on the period of application, with no specific provisions in this respect. This prompted the article’s author to appeal to the general principles of criminal law in interpreting the law hereby.
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The present paper aims to advance a number of shortcomings of current views on the Criminal Law’s Special Part and to argue in favor of a new concept, prescriptive and integrating, more appropriate to highlight both connections between the two parts of criminal law and between the said law and other fields of law, and the true object of study of law, namely legal judgments (or “value judgments”)
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This article aims to analyze weight of the assessment report in customizing punishment. The author brings forward a number of theoretical, introductory approaches, which positions the reader within the relevant framework in understanding the tackled topic, including a brief history of customizing punishment and the assessment report, but also a number of legal issues.
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In this study, the author reviews the issue of pilot cases before the European Court of Human Rights (ECHR praetorian jurisprudence, hardly known), insisting also on the most important pilot cases filed with the Court’s jurisdiction, focusing thereupon on the Romanian Case, related to pilot cases’ new procedure, especially on the subject of property restitution.
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The author debates on the issue of ratione materiae jurisdiction in settling disputes on unemployment allowance assessment and payment regulated by Law no. 76/2002, given that the aforementioned law relates only generically to material jurisdiction of courts, i.e. cases as such are settled by “relevant” courts’ jurisdiction under the law. Undertaking a thorough analysis of purports of Law no. 76/2002, the Code of Civil Procedure, and Law no. 168/1999 on labor disputes, the author concludes that, in this particular case, the relevant jurisdiction lies with the tribunal the plaintiff’s residence / headquarters in registered with, and not the judicial court of law.
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The present paper makes a critical analysis of the legal norms regarding the validity of the mandates of the local elected counselors’, putting into evidence the way in which a procedure, that must be by excellence a juridical one, was changed into an instrument for the achievement of the political interests of some election competitors. The study demonstrates that the self – assessment procedure of the departmental counselors’ mandates and of the local ones, introduced by modifying the law of the local public administration authorities’ election, within several days before the general election in June 2008, is contrary to the constitutional principles and of the rules that must govern a state of law. The author does not make only simple critical remarks, but he also presents solutions for entering into legality, by settling validation competences of t6he departmental and local counselors, by the courts, according to the procedure applied to the other local elected persons.
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Preliminarily, the above study states the classification of interest in the Romanian Civil Law, according to the criterion of interest cause or in relation to the interest rate function. Further, the author reviews in detail - by comparing one to the other, as well - the moratory interest and the compensatory interest in the Romanian Civil Law (both the current Civil Code and the new Romanian Civil Code, published on July 24th, 2007, yet unenforced).
