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Maybe some of the most controversial crimes, the rape and the sexual deviations, gave birth to numerous debates in the specialty literature, as well as in the doctrine, but also different, sometimes contradictory solutions in the legal practice. The author shows that not even the High Court of Cassation and justice succeeded to convince or end these controversies, even though that, through decision no. III/2005, tried to clarify the meaning of the material element of the rape crime. The lawmaker, through the incrimination norm of the rape and sexual aggression crimes of the new Penal Code tries to clarify and avoid, for the future, such issues. The present study highlights these possible problems and solutions. -
In this study, the author, while reporting certain provisions of the new Civil Code (Law no. 287/2009) and of Law no. 71/2011 for the implementation of the new Code, as compared to certain provisions of the Government Emergency Ordinance no. 44/2008 regarding the performance of the economic activities by self-employed persons, believes that through Art. 11 of Law no. 71/2011, one has not granted legal personality to the individual and family enterprises regulated by the ordinance mentioned above, while on the contrary, through Art. 2324 (4) of the new Civil code (in force as of 1 October 2011), one has implicitly amended Art. 31 of the said Emergency Ordinance. Finally, the author opinionates that the “Monist” concept of the new Romanian Civil Code (namely, the cancelation of the trade law and the existence of a unique civil law, which also incorporates the former trade law) is more of a formal issue, not a substance one.
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The author, in the above mention study, makes a general analysis of Law no. 71/2011 for the implementation of Law no. 287/2009 regarding the Civil Code. In the author’s opinion, Law no. 71/2011 is an extremely valuable legislative act, which ensures very good conditions, not just the understanding and application of the new Civil Code (which entered into force on 1 October 2011), but also the “transition” from the previous Civil Code (from, 1865) to the new ones.
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While discussing if the “Alexandru Ioan Cuza” Police Academy students (those enrolled in the undergraduate programme, day classes) may, during their university studies, conclude individual labour contracts with other employers, the author reaches the following differentiated conclusion, namely: The students of the Police Faculty of this Academy cannot hold any public or private position, except for the teaching positions within the teaching institutions, of the scientific research and literary-artistic activities, taking into account Art. 10 (4) and Art. 45 (i) of Law no. 360/2002 (The policemen’ statute). The students of the Firemen Faculty and those of the Archive Faculty can, during the studies, conclude individual labour contracts with any employer, on condition that this does not affect the honour or dignity or deontology of the stature of public clerk of military employee.
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Sometimes, the deed provided by the penal law was perpetrated in the context of certain states, situations or specific circumstances, which grants it this legitimacy, and under these conditions, one removes one of the essential features of the crime, namely the unjustified nature. The category of the justification causes, which lead to the removal of the essential feature of the crime, consisting of the anti-lawfulness nature also includes the exercising of a right or the fulfilment of an obligation. In order to be deemed as justification, the perpetration of the penal deed must, usually, originate in a normative act, while the consequence of the perpetration of the penal deed must not be the consequence of the abusive exercising of that right. The author of the article shows that the fulfilling of an obligation removes the anti-lawful nature of the penal deed if the obligation is provided by the law, and if the deed is perpetrated within the limits regulated by it. The unjustified nature of the penal deed is removed, and the perpetrator acts so as to fulfil certain obligations imposed by the competent authority, on condition that the order or command is given by a legitimate authority, is mainly given in writing, and it must not be obviously illegal.
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The new Romanian Civil Code (entered into force as of 1 October 2011, in Art. 1368 (1) provides that “the lack of judgement does not exempt the author of the prejudice from the payment of a compensation to the victim as many times as the person who, according to the law, was entitled to supervise them, cannot be made liable”. Against certain opinions expressed in the doctrine, the author believes that the foundation of such a liability is exclusively the equity, not a form of civil liability.
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In this article, the authors deal with the issue of the use of the tax stamps, revenue stamps or special regime standard forms. The authors describe the legal framework, the implications of the non-compliant use of the tax stamps, revenue stamps or special regime standard forms, and identify, at the same time, certain legislation inconsistencies and doubts, and also in some incrimination texts. At the end of the article, one identifies possible remedy solutions of the findings, by also making references to certain de lege ferenda proposals.
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After the entry into force of Law no. 118/2010 (3 July 2010), one has wondered if the provisions of this Law, regarding the reduction – for the staff of the budget units – of the wages by 25% is applied also in the case of the teaching and auxiliary personnel within the budgeted education units, and with respect to pecuniary rights related to the leave of absence for July – August 2010. By evoking controversial solutions in terms of jurisprudence, the author, following an exhaustive analysis of the regulations in the field, reaches the positive conclusion (therefore the reduction of said rights by 25%).
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The article approaches the offence of “patrimonial exploitation of a vulnerable individual” under the provisions of Article 247 of the new Criminal Code. On these lines, the author conducted a thorough review of its legal content and highlighted issues of procedural nature. Likewise, there are also expressed critical opinions on how the legislature sought to regulate the offence’s conditions of existence, likely to severely limit its factual scope thereof.
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In the current study, the author examines the novel provisions within the new Penal Code with respect to crimes against life. Thus, one has successively analyses the laws sanctioning: murder, first degree murder, murder upon request of the victim, determining or facilitating suicidal, third degree murder, the murder of the new born by the mother. The comments were exclusively concentrated on the differences between the current regulation of these crimes, and the new regulation to be instituted by the new Penal Code. A more detailed analysis was made by the author with respect to the “Murder upon request of the victim”, which is new in the penal Romanian legislation.
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The author analyses crimes such as “Not helping a person who is in need” and “Preventing help” from the new Penal code, revealing, if the case may be, the similarities and differences as compared to the effective penal law. The last part of the article contains elements of comparative law, with reference to the approached theme.
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The correlation between parliament and democracy is a classical one. It has been proven not only by the beginnings of parliamentarism, related to limitation of the omnipotence of the monarch, but also by subsequent developments, especially in the generalization of universal suffrage, but also by the historical experience of the previous century, when the collapse of totalitarian or authoritarian regimes has always been followed by the return to parliamentarism or to a political system in which Parliament’s role is essential. After joining the European Union, its role was enhanced by its involvement in the European decision-making process by means of monitoring the compliance with the principles of subsidiarity and proportionality of the proposed EU legislation or of the implementation of directives into national law.
