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The minor traffic offence is one of the most serious offences, being included in the field of judicial cooperation in all European legislative instruments. The study describes a general and critical examination of the legal provisions into force which, according to the author, do not guarantee an adequate judicial protection to minor persons being the victims of the offence. By publishing it, the research of this very important field and at the same time in the pipeline at the level of the member states of the European Union, is continued. The research may be useful both to practitioners, and to ideologists in the field of criminal and criminal proceedings law. The essential contribution of the study is limited to the critical remarks exposed and to the concrete proposals on amending and supplementing the special law, especially from the point of view of the indictment of other offences or of establishing the obligation to provide defense to the minor person who is victim, under the sanction of absolute nullity. -
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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LEGEA NR. 10/2001. ACŢIUNE AVÂND CA OBIECT RESTITUIREA PREÞULUI IMOBILULUI PLÃTIT DE CHIRIAŞII ALE CÃROR CONTRACTE DE VÂNZARE-CUMPÃRARE, ÎNCHEIATE POTRIVIT PREVEDERILOR LEGII NR. 112/1995, AU FOST LIPSITE DE EFECTE JURIDICE Dispoziţiile art. 501 din Legea nr. 10/2001 modificatã prin Legea nr. 1/2009 nu fac decât sã aplice instituţia rãspunderii pentru evicţiune într-un domeniu particular, cel al imobilelor preluate abuziv de stat în perioada 6 martie 1945 – 22 decembrie 1989 şi înstrãinate de stat unor chiriaşi de bunã credinţã în baza Legii nr. 112/1995.
