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The author points out that article 77 of the new Criminal Code reassessed the circumstances having the ability to emphasize a high degree of social danger of the committed offence and of the offender. Thus, the scope of the circumstance relates to the perpetration of the offence by a person being in a preordinate intoxicated condition which may be generated besides the alcohol, by other psychoactive substances, whose consumption represents a breach of a legal or medical interdiction. The aggravation of the criminal liability has been waived in case the offence is committed for infamous reasons, as the content of this circumstance has never been precisely determined by the doctrine and jurisprudence. A new aggravating circumstance has been introduced consisting in the perpetration of the offence by taking advantage of the obvious vulnerable condition of the injured person due to his/her age, health condition, disability of due to some other grounds, as such a circumstance emphasizes a high level of gravity of the offence, but also a degree of increased injuriousness of the offender. Another novelty item is represented by the waiver to the category of judicial aggravating circumstances, because the imprecise manner in which they are regulated would be situated at the edge limit of the principle of the predictable nature of law. -
In this study, the author carries out a critical analysis of the provisions of articles 508-534 of the current Civil Code (Law no. 287/2009, as republished on 15 July 2011 and which came into force on the 1st of October 2011), texts which regulate „the legal obligation to support”. Essentially, the author, after emphasizing a series of new judicious and useful regulations of the above mentioned texts of the current Civil Code shows at the same time numerous deficiencies of articles 508-534 of the Civil Code which has recently become effective and which, in his opinion, involves many amendments, supplements and even abolitions of the concerned rules.
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The judicial individualization of the sentence shall be carried out by a complex operation using all those individualization criteria set forth by law (general and special criteria); the need for taking into consideration all the grounds for sentence modification is included within these criteria, as well. Drawn by this need, the Romanian Criminal Code into force (since 1968) contains regulations regarding the manner in which the various grounds for sentence modification must be enforced, when they concur, regulations contained in the provisions of art. 80. Likewise, the new Romanian Criminal Code contains such regulations in art. 79. In this study, the authors have emphasized several systems of sentence determination in case of the concurrence between the grounds for sentence modification. Both the Criminal Code into force and the new Criminal Code adopted an objective criterion concerning the manner in which the various grounds for sentence modification must be enforced, being sensitive to multiple interpretations and contradictory solutions. The Romanian Criminal Code of 2004 – abrogated, before becoming effective, through the new Criminal Code – which forwarded a system based upon a subjective criterion, by granting the judge the freedom to assess the predominance (prevalence) of the grounds for sentence modification and to give them the due legal effect. From the point of view of the authors of the study, this system seems to be more adequate to settle the problems raised by the concurrence between the grounds for sentence modification.
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Law no. 287/2009 regarding the Civil Code introduces in the matter of successoral option many new items here and there, reconfiguring it. In this study, we propose to examine the general aspects that the successoral option involves in the light of the provisions of the new Civil Code, to highlight the new items brought by this legislative instrument in the matter subject to the examination et to assess their progressive nature.
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The value competence in the criminal matter represents a form of material competence, whose non-observance is sanctioned by absolute nullity. In this article the author describes theoretical and practical aspects of competence depending on the value criterion and carries out a comparative examination between the current and the future criminal and criminal proceedings regulation of the phrase of „very serious consequences”. Likewise, the author identifies possible solutions to unify the judicial practice, considering that the requirement of the predictable nature of law and the principle of judicial equal treatment require the establishment of the competence depending on its value by reference to the time of occurrence of the material damage due to offence and to its real value.
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Law no. 202/2010 on certain measures to accelerate lawsuits’ settlement introduces into the Criminal Code, by art. 741 of the Criminal Code, a series of provisions in favor of the charged person or of the defendant who has committed certain economic offences and covered the damage in full, until the settlement of the cause of action in the court of the first instance. The author considers that these provisions could be construed as certain legal and real attenuating circumstances, however having a special regime, which often generates difficulties related to the interpretation and enforcement in the courts’ practice. However deemed as unconstitutional in May 2011, the provisions of the above-mentioned article are being enforced regarding the offences committed until its expiry date, pursuant to mitior lex principle.
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As a result of the substance amendments brought to the Labor Code (Law no. 53/2003) according to Law no. 40/2011, followed in a short period of time, by the enactment of Law no. 62/2011 of social dialogue, certain contradictions were generated between the Labor Code (as republished on 18 May 2011) and Law no. 62/2011, generating a series of controversies in the Romanian judicial doctrine. Some of these controversies are reexamined by the author of this study who, after debating them, reaches certain interesting conclusions. -
In this study the author debates – in the light of the current Code of Civil Procedure and of the new Code of Civil Procedure, published in 2010, but not yet enacted, if in the actions regulated by Law no. 18/1991 (as republished) there must be or not be introduced, even ex officio, all the persons entitled to lodge the applications for the re-enactment of the ownership right over a certain given land fund.
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In this study, the author analyzes the essential changes that the year 2011 has brought with respect to the dismissal of the trade union leader under Law no. 40/2011 (amending and supplementing the Labour Code), and also under Law no. 62/2011 regarding social dialogue. At the end of the analysis, the author concludes that these changes are both in accordance with the Romanian Constitution, as well as with the applicable European regulations.
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At the crossroads of general regulations concerning both public and private property in the newly enacted Civil code, of specific rules concerning the concession of public assets or the exercise by the local public authorities of their powers relating to the administration of public and private domain of the administrative-territorial units as well as of even more specific provisions in the public-private partnership law, the legal regime of assets involved in public-private partnership projects requires detailed attention. Designing and understanding such legal structure combining old and new regulation may contribute to the sucessful application of regulations concerning public-private partnerships.
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In this study has been underlined that the right to property is a fundamental component of Human Rights, of the European and International Rights of every human being. Have been put forward the main scientific contributions in the European Culture of Human Rights and has been demonstrated in which manner the right to property is guaranteed in the European practice and in Romania after 1989. It is underlined that the normal life of every human being is not possible in the absence of those guarantees that his right to property is fully respected.
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The forgery of credit titles or payment instruments represents an offence prejudicing the financial stability of the monetary system. In this article, the author deals with the matter of the scope of the terms such as credit title and payment instrument, examining the concrete ways of committing the offence in the judicial practice of the courts, as well. The author states that close attention should have been paid to explain the amendment of constituent items of the offence in the explanatory statement accompanying the new Criminal Code, in order to avoid the differences related to interpretation in the matter and in the judicial practice.
