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This study addresses the problems determined by the fact that in the current Romanian criminal processual legislation there is a sign of equivalence between the moment of pronouncing the judgment and the moment of reading the minutes which contains only the operative part of the judgment. This aspect determines certain consequences that affect the rights of the persons who, in one quality or another, are involved in that criminal trial, resulting even in the execution of a minutes and in the conditional release before the reasoning of the appeal decision. For all these reasons, the study proposes that the reasoning of the judgment should be made before the pronouncement, which would remove all the above shortcomings and would strengthen the confidence of the litigants in the act of justice. -
In this study there are presented the main scientific arguments that can be taken into account for promoting a new discipline, as sub-branch of the Romanian criminal law, namely the criminal law of transports. For the scientific arguing of this approach, there have been briefly examined the system of Romanian law, the syntagms of branch, sub-branch and institution of our law. As regards the criminal law, reference has been made to the two parts, to some institutions and to the possibility of recognizing the criminal law of transports as sub-branch of the Romanian law. Likewise, within the scientific approach, it has been carried out a brief examination of the criminal law norms specific to the safety of traffic and of transports from Romania, insisting on the necessity of grouping them into a distinct normative act, recommending even a code of transports. The examination has considered the main elements of similarity between criminal law norms specific to the four domains of the national system of transports, namely: road, railway, naval and air.
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Perioada dintre rămânerea definitivă a hotărârii de condamnare și reluarea procesului penal, ca urmare a admiterii redeschiderii procesului penal în cazul judecării în lipsă a persoanei condamnate, este luată în considerare pentru stabilirea împlinirii termenului de prescripției. (Judecătoria Târgu Jiu, Sentința penală nr. 2141/2017, definitivă prin neapelare – nepublicată – cu notă critică)
