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In the situation that a person has been sanctioned by an administrative authority for committing a contravention, this person can no longer be subsequently prosecuted for the same deed contemplated in its materiality, whereas, in this situation it is applicable the ne bis in idem principle which determines, from the perspective of the criminal procedural law, the incidence of the case provided by Article 16 (1) i) of the Criminal Procedure Code, with reference to the authority of res judicata, which prevents the exercise of the criminal action against that person. -
In this study, the authors intend to examine the institution of international liability, dealing with the issue of the constitutive elements of international liability. In the general international law, liability is a relationship created exclusively between two or several international law subjects. The international liability of a state can only be raised by another international law subject whose international right was infringed. If a state suffers a direct damage (immediate), it can approach the liable state directly in order to obtain the repair. On the contrary, the damage suffered by an individual following the infringement of the international right shall not provide the victim with the right to obtain recovery of damages before the international courts. A state shall only be liable internationally if it is the author of an international tort. There is a tort of the state when: a) a behavior consisting of an action or omission can be assigned (attributed), in compliance with the international law, to the state; b) this behavior represents an infringement of an international obligation of the state. The international doctrine generally acknowledges that the occurrence of these two elements generates the international liability of the state. -
The study approaches the issue of the recrimination of the offence of usury according to the new Romanian Criminal Code. The author examines the criminal, contravention and civil involvements of lending money on interest and emphasizes the part that the National Bank of Romania has for authorizing the persons entitled to lend money on interest. -
In the first part of the study, the author emphasizes the importance of the legal remedies for making justice more efficient, one of the important objectives of any reform programme in the field. The finding is natural, since a good regulation of the legal remedies can make a substantial contribution to the resolution of the trials within a reasonable time, in order to use only a unanimously accepted phrase. The general tendency of the contemporary procedural regulations is to carry out a simplification of the legal remedies and to avoid congestion of the courts, especially the courts of appeal and the supreme courts. For this purpose, the vast majority of the analyzed regulations establish some limitations – value-wise – of the exercise of the legal remedies or establish means of filtering the reviews, and in some countries even of the appeals. The author also notes that in some procedural systems the ordinary legal remedy of the appeal cannot be exercised in low value disputes. One of the author’s conclusive remarks is that the filtering systems of some legal remedies are efficient and contribute to the resolution of processes with celerity. Another final conclusion is that the Romanian legislator has abandoned such an approach, and this should be reconsidered in the future. -
This article addresses the issues represented by the content and conduct of criminal proceedings, naturally framed in certain coordinates which, due to their combination and their complexity serve to develop a criminal trial theory, which is based on the following constants: the nature of the criminal trial, the object of the criminal trial, systematization of criminal trial, criminal trial subjects and criminal procedural relations.
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Ce înseamnã pentru noi unificarea dreptului privat operatã de noul Cod civil? O simplã juxtapunere a normelor civile şi comerciale într-un singur instrument legislativ? O comasare mecanicã sub o etichetã unicã? Noi ne-am ferit sã procedãm astfel şi am încercat o fuziune a dreptului civil şi a celui comercial. În primul rând, am aşezat aceleaşi principii la baza tuturor materiilor. Libertatea de a dispune, buna-credinþã, sancţionarea abuzului de drept se regãsesc în materia familiei, bunurilor, obligaţiilor. Regulile generale de la obligaţii se dezvoltã şi la contractele speciale, ipoteci etc. -
The non-unitary practice of some courts and public prosecutor’s offices in the district of the Court of Appeal of Oradea, generated by the different interpretation of some legal provisions in the criminal and criminal processual matters, gives the author the opportunity for some comments and de lege ferenda proposals. This study deals with the controversial aspects referring to the following institutions of criminal law and of criminal processual law: the jurisdiction of the judge of rights and freedoms in the matter of preventive measures in case of joining some cases; the complex offence or the formal concurrence of offences in case of committing some acts of outrage or judiciary outrage; the solutions of the preliminary chamber; the territorial jurisdiction of the criminal prosecution bodies under the terms of unique referrals; the concurrence of qualifications (of texts, of rules) or ideal concurrence of offences; the legal nature of the institutions of waiver of application of the punishment and the postponement of the application of punishment. -
The paper deals with the issue of using hypnosis techniques in crime investigations. The author examines the criminal procedure implications of using such a forensic technique with reference to national legislation and the EU regulations, not avoiding to examine the controversial aspects in the legal literature and jurisprudence; however, the author concludes that the expertise would seem more appropriate to allow the use of hypnosis technique, provided that a clear distinction between hearing a person under hypnosis and the expertise of its discourse under hypnosis is achieved. -
This study subjects to our attention brief critical reflections on the provisions of the new Civil Code in matters of seizin. Appeared as an institution that had served the transmission of the property right from the deceased to his legal heirs, evolving as an institution that had served the possession of property in the inheritance, the seizin was taken over by the Romanian Civil Code of 1864 in a truncated manner from the French Civil Code, which gave rise to a confusing legal regime, constantly criticized in the doctrine in point of content, effects and scope of application thereof. Although the Romanian legislator had the opportunity to complete the field of application and to define by law the notion of seizin by the reform of the civil law occurred in 2011, it has regulated the seizin so that, at least for reasons of terminology, the author considers that the legal texts are still open for improvement, being susceptible of non-application or generating confusions in the current wording. -
The author strongly criticizes the regulation stated in art. 519 to 521 of the new (Romanian) Code of Civil Procedure (referral to the High Court of Cassation and Justice for a prior ruling for dispensation of law issues), considering, reasoned, that these texts should be expressly repealed so that, also in the case covered by art. 519, an appeal in the interest of law can be filed (Articles 514 to 518 of the same code). -
This study analyzes the regulations pertaining to causes of revocation of donations, regulations which entered into force at the same time with the implementation of Law No 287/2009 on the new Civil Code. The starting point of this paper is the fact that donations and liberalities have been under the influence of special legal regimes, different from those of onerous legal documents. Even though donations are, in principle, irrevocable legal acts, the legislator has instituted special cases of revocation thereof, in order to avoid or limit prodigality acts and undesired effects on the interests of the donor or of the persons close to this donor. It was particularly on these causes of revocation of donations that the author focused his scientific endeavour, by analyzing doctrine and case-law and by formulating his own opinions and de lege ferenda proposals, so that legal rules in the examined area be harmonized with the public order interests. The study also relates to the new criminal regulations (the new Criminal Code) as regards the criminal acts of revocation of donations for ingratitude. -
Analiza problematicii invocate în titlu vizează atât considerentele, cât, mai ales, dispozitivul Deciziei Înaltei Curți de Casație și Justiție nr. 52/20181, pronunțată de instanța supremă în complet constituit pentru dezlegarea unor chestiuni de drept și care vizează interpretarea și aplicarea dispozițiilor art. 27 din Codul de procedură civilă. În concret, Înalta Curte a statuat următoarele: „În interpretarea și aplicarea dispozițiilor art. 27 C.pr.civ., cu referire la articolul 147 alin. (4) din Constituția României, efectele Deciziei Curții Constituționale nr. 369 din 30 mai 2017 se produc cu privire la hotărârile judecătorești pronunțate după publicarea acesteia în Monitorul Oficial al României, în litigiile evaluabile în bani de până la 1.000.000 lei inclusiv, pornite ulterior publicării Deciziei (20 iulie 2017)”.
