-
In this article, the author presents the foundation of criminal substantive law of the safety measure of special confiscation, which concerns the category of goods obtained from committing criminal acts, as well as of the safety measure of extended confiscation, in both situations the analysis being focused on the assumption that the goods have been alienated by the defendant and they have ended up in the patrimony of other persons. Further on, it is made an analysis of criminal procedural law of the situation of the persons – other than the defendant – whose goods are subject to confiscation in the course of the trial. From the perspective of guaranteeing the right to a fair trial for these persons, the author detects a series of problems of interpretation or even of legislative gaps. Finally, there is a conclusive chapter of the article accompanied by de lege ferenda proposals corresponding to the criticism which the author has developed and argued by reference to the current legal texts. -
In this article the author raises for discussion some theoretical and practical issues referring to the judicial control and to the judicial control on bail, preventive measures which have been regulated in this form in the new Criminal Procedure Code, focusing on how they are implemented, in order to avoid some errors or confusions related to their interpretation and application.
-
Announced in theory, present in practice, and recognized everywhere, „flexible law” is seeking its own accreditation at a doctrinal level. Covering a number of highly heterogeneous normative instruments (directives, advices, charters, codes of conduct, et al.) having as a common element the fact of being imposed not by constraint, but by the adhesion of its recipients, it manifests itself specifically in international law (as „soft law”), EU law (as a method of governance), or internal order (as a lever of achieving the functions of the state). In relation to proper law („hard law”), flexible law manifests itself either as its precursor, in the process of adoption, a companion in its enforcement, or, in certain situations, as a substitute. Knowing diverse national experiences, flexible law presents itself as a factor of simplification and improvement of the quality of legal regulations.
-
As the author herself states, the purpose of this study is to identify the sources of the international law which grounds the interdiction of the „hate speech”, as well as the manner of their perception and application at European level, particularly in the case-law of the European Court of Human Rights. In this respect there are presented: the foundations of the interdiction of the „hate speech” at universal and European level; the elements analyzed in this respect by the European Court of Human Rights (reference to the context of the speech; instigation to hatred on grounds of race and religion; negativistic and revisionist speech); the regulations adopted by the Council of Europe and by the European Commission against Racism and Intolerance; the normative framework of the European Union on racism and xenophobia, and, finally, the reference of the current Romanian criminal legislation to international exigences.
