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From the Decision No 42/2008 of the High Court of Cassation and Justice, United Sections, it emerges the rule cancellation excludes revocation in respect of which, given the finality of decisions in the interest of law to ensure a unitary practice, it must be admitted that the applicability is wider than the hypothesis that has generated it. -
This paper intends to contribute to the reform of the Romanian legislation for preventing and combating terrorism. For this purpose, the author examines briefly three aspects. First, it refers to the meaning of the term „terrorism”. Secondly, it analyzes the reason that has imposed the use of the term of terrorism in international documents and, in particular, which is the purpose of the international conventions in this matter. Thirdly, there are investigated the main provisions of the Romanian legislation (Law No 535/2004 on preventing and combating terrorism), emphasizing some of its shortcomings. Finally, the paper includes some conclusions on the compliance or, where appropriate, the inconsistency between provisions stipulated in international documents and internal provisions. -
The article aims to analyze the main aspects that characterize the procedure of concluding the plea agreements, concluded between the prosecutor and the defendant, within the proceedings before international criminal courts. The fact that these courts have taken features from both legal systems, inquisitorial and accusatorial, as well as the fact that this procedure has been implemented in a stage subsequent to the adoption of the statutes of these courts, for reasons of practical necessity, makes their experience of over 12 years in implementing this procedure particularly useful to the European continental legal systems which, in their large majority, have recently adopted the Plea Agreement procedure. These also include Romania, once the „Plea Agreement” institution has been regulated within the provisions of Articles 478–488 of the new Criminal Procedure Code, which makes the study of the case-law of the international criminal courts also useful in the Romanian judicial practice.
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Articolul 60 din Codul muncii reglementează ipotezele în care angajatorului îi este interzis, pe o perioadă limitată de timp, să procedeze la concedierea angajaților săi. Articolul sus-menționat are următorul conținut: „(1) Concedierea salariaților nu poate fi dispusă: a) pe durata incapacității temporare de muncă, stabilită prin certificat medical conform legii; b) pe durata suspendării activității ca urmare a instituirii carantinei; c) pe durata în care femeia salariată este gravidă, în măsura în care angajatorul a luat cunoștință de acest fapt anterior emiterii deciziei de concediere; d) pe durata concediului de maternitate; e) pe durata concediului pentru creșterea copilului în vârstă de până la 2 ani sau, în cazul copilului cu handicap, până la împlinirea vârstei de 3 ani; f) pe durata concediului pentru îngrijirea copilului bolnav în vârstă de până la 7 ani sau, în cazul copilului cu handicap, pentru afecțiuni intercurente, până la împlinirea vârstei de 18 ani;
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The scientific approach of the authors starts from the fact that, when it comes to concepts such as, for example, resilience or victimology, which can not be understood or applied without a multidisciplinary, interdisciplinary or even transdisciplinary approach (see the conclusion which the authors have reached with regard to the possibility of appearance of a new discipline, namely legal resilience), the competences of the legal science specialists, in general, and of those in the field of criminal law, in particular, together with the competences of the specialists in psychology, psychiatry, and others, are extremely important. The authors place the above-mentioned concepts on the law – psychology – psychiatry interface and they analyze them from the perspective of the criminal justice and of the relationship between the persons involved, respectively the victims of crimes (minors and adults to the same extent), with society, but also with the aggressor, both before committing the criminal act and thereafter. Moreover, with respect to resilience and victimology, after it is pointed out that they do not have unique definitions, generally-accepted, there are also revealed the essential points on which those involved in the research of these matters have agreed upon, as well as the exchange of information and of procedures performed at the the boundary between resilience and victimology. At the same time, the criminal justice is not treated under a retributive aspect, but more from the point of view of a reparative, restorative justice, of the means by which it contributes to the mental health of the victims, of the populations that live in traumatized societies, to repairing the social trauma, to establishing the causes and the prevention of victimization, etc. At the same time, the authors also present the guarantees of the right to a fair trial granted to the victims of crimes, as well as some regulations intended to prevent victimization and to grant legal protection to the persons in precarious situations, such as: refugees, mentally ill, abandoned children and others.
