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The author carries out a detailed analysis of the legal content of the insurance fraud offense, as provided for in Art.245 of the new Criminal Code as an assimilated and aggravated version of the deception offense. Regarding the structure of this offense, the criminal protection object, the subjects, the objective and subjective side, the forms, procedures and sanctions provided by law are reviewed in detail. The explanations discuss the insurance deception links to other offences relating to insurance and certain procedural aspects. The preceding legislation of this indictment rule, the solutions to be followed in case of transitional situations and some elements of comparative law are subsequently presented. Also, the author does not hesitate to state his point of view with regard to the constituent content of this criminal act, its systematization, its character and to frame in this regard certain solutions and certain ideas of his own. In the end, this analysis gives several conclusions and proposals of future law to determine an appropriate protection of the values „and social relationships covered by this indictment, a uniform implementation of the text and thus a better criminal justice administration in Romania. -
Rapid expansion and diversification of international relations boost the improvement of public international law, by adopting new rules or by adapting the existing ones to the new relationships between states and other international entities, in order to protect the global legal order by preventing the acts of aggression or other events that may affect the safety of states, human rights, environment or other universally recognized values.
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The author reveals a series of analogies, contradictions between Articles 98-103 of the new Civil Code (Law No. 287/2009 republished on July 15th, 2011 and effective since October 1st, 2011) and Law No. 119/1996 (republished on November 2nd, 2009) on the civil status documents, situation which, on the one hand brings about a series of difficulties as regards the correct interpretation and enforcement of the law, and, on the other hand, is in breach of the rules of principle of Law No. 24/2000 laying down detailed rules on the legislative technique for drafting regulations (republished on April 21st, 2010). -
The regulation by the new Civil Code of the patrimonies by appropriation came as a necessity given the economic development of our society. The existence of the patrimony by appropriation was equally recognized by the former legislation, by way of specific provisions regarding the carrying out of certain liberal professions or economic activities. This paper is aimed at analysing specific aspects of the patrimonies by appropriation from the perspective of the liberal individual professional patrimony, as a patrimonial mass distinctively regulated by the new codification. The exercise of the authorized liberal professionals implies the existence of a professional patrimony that ensures the carrying out of activities that do not have an economic character. The formal recognition of the “self-employed” as a subject of tax law bearing specific tax liabilities, distinct from those incurred by this same person concerning his personal patrimony, could create the appearance of a “two-headed monster”, of two or more persons in one, of a person who is multiplying according to the number of patrimonies by appropriation that he holds. In fact, the possibility for an individual to carry out economic activities or liberal professions without setting up, to that effect, a legal entity with its own patrimony, does not require the use of the legal fiction of multiplying the person according to the needed number of patrimonies, as the modern doctrine concering the patrimony accepts both the uniqueness and the division of the patrimony into patrimonial masses and patrimonies by appropriation.
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In the study hereby, the author sets under review the legal regime applicable to certificates of succession under the law prior to the effective date of the Civil Code (October 1st, 2011), as well as amendments thereto under the provisions of the new Code. Prior to the aforementioned reference date, unlike other theorists, the author argues that the certificate of succession only proved the capacity as heir and did not represent a title deed per se, which by its sole would constitute the ground for entering into Agreements or inscription in the Land Register. In support of this point of view, the author quotes numerous decisions precedent. Therefore, the Civil Code brings a change in this field by granting the certificate of succession the effects of a title deed.
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Under the study hereby, the author sets under review the institution of “recidivism” in the light of the new Criminal Code. Essentially, highlighting new issues both in relation to the definition and the terms of recidivism, and as regards punishment. Therefore, the terms of recidivism have been amended (limits thereof have been extended), and the sanctioning treatment was simplified. Also, the author notes the fact that the legislature does not make a distinction, in terms of conditions, between post-release recidivism and the post-sentencing recidivism, nor between low recidivism and high recidivism, the old rules being grouped in a single way.
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The accession of Romania to the European Union on January 1st, 2007 also involved the need for harmonization of national legislation with the European one, which, inter alia, led to the elaboration of a new Criminal Code. This regulation covers some new elements, including the crime of harm to the unborn child, as provided for in Article 202 under the new Criminal Code, as an integral part of Title I of the Special Part dedicated to crime against the person. As stated in the Explanatory Memorandum to the new Criminal Code, by criminalizing such acts it was intended to cover a legal vacuum, i.e. to protect the fetus from the moment of the commencement of the delivery process until completion thereof. In the study hereby, the author examines from the criminal doctrine perspective, but also in terms of medical science, the meaning of the term fetus and the phrases “during childbirth” and “during pregnancy”, advancing some de lege ferenda proposals.
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The article sets under review the opportunity to pursue criminal action as an institution of novelty in the field of criminal procedure, by the Prosecutor’s possibility to assess the existence of real public interest in carrying out the investigation and to rule, subject to certain conditions, upon the solution of abandoning criminal prosecution, provided that practical circumstances of the offence committed reveal that this interest does not subsist.
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New regulatory agency contract and the new regulatory liability, both contained in the new Civil Code, has some innovative features, such as to update the rules of private according to the needs of contemporary society. Legal provisions are yet perfectly, returning doctrine designed to further research in this area. Quality and consistency can be confirmed by jurisprudence equitable solution, thoroughly motivated, able to offer real victims a chance to repair the damage by restoring the previous situation. -
In case of the minors aged between 14 and 18 years old, who are liable from the criminal point of view, the presumption according to which their judgment has not reached its maturation, but is in full process of development and stabilization is instituted. In view of these circumstances, minors under this category of age do not have the psycho-physical ability to fully become aware of the gravity of the perpetrated crimes and, especially, their injurious consequences on the social values protected by means of criminal regulations. Given this context, the author claims that the new Criminal Code excludes the possibility of enforcing punishments in case of under aged criminals and establishes a specific system of criminal penalties, entitled educational measures, classified into two categories: educational measures without deprivation of liberty and educational measures with deprivation of liberty.
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On the basis of the organization and operation of the union institutions there are the principle of autonomy of their organizing, the principle of conferral of competencies and the principle of the institutional balance. MEPs represent the people (in the system previous to the Treaty of Lisbon) and the EU citizens (under the current regime), they can not receive instructions, orders from governments of the Member States, not being appointed by them. The States are associated in the Union itself, which reveals a community of interests and aspirations, embodied in the objectives and decisions set.
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In this study, the author makes a thorough analysis of the so-called tax havens, outlining their connection with organized crime. Thus, the definition and main characteristics of tax havens, the types of tax havens and certain measures adopted at EU level to limit thereof are portrayed herein.
