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Applying the more favourable criminal law requires the existence of a transient situation when, from the moment of committing an offence and until the execution or consideration of the punishment as executed or until the removal of the conviction consequences, one or more penal laws have appeared. However, we will not be in the presence of a transient situation in the case of conditional release from the execution of a resultant punishment, applied for committing a plurality of offences, the sanctioning of which was based on the present Criminal Code, according to the provisions of Article 10 of the Law No 187/2012, the only applicable law being the 2009 Criminal Code, according to the principle of criminal law activity. In this hypothesis, as a consequence of the resulting punishment for committing a plurality of wholly committed offences under the new law, the initial moment from which to assess the existence of a succession of criminal laws over time will be the date when the plurality of offences is finalized. -
The momentary transformations taking place in the Republic of Moldova have as objective to adjust the national legislation to the international standards, in which the way of solving the co-relation between the interests of the person and the State’s interests is made at optimum level. Contradictoriality has a special importance on the whole part of the criminal procedure system, determining, in many directions, the weight of the legal status, the relations of opposition or collaboration between the participants in the criminal trial, as well as the legal relationships established between the participants in the trial and the court of law.
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In this study we have analyzed the effects of the situation of incompatibility in which the local elected representatives, especially the mayors, can be found, as this situation has been established by the prefect or by the National Integrity Agency through the evaluation report. Thus, in the first case, finding the incompatibility entails the lawful cessation of the mayor’s mandate, if he will not renounce the incompatible function within the time limit provided by the law, and, in the latter case, the state of incompatibility has as consequence the prohibition of the person declared incompatible to fill an eligible position for a period of 3 years from the date of cessation of the current mandate or, respectively, from the date of the final assessment report of the National Integrity Agency. In other words, not even if the National Integrity Agency establishes it, the state of incompatibility is not an implacable reason for lawful cessation of the mayor’s mandate, but, on the contrary, it can avoid such a consequence by renouncing the incompatible function within the same period provided by the law in case the incompatibility is established by the prefect.
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The study analyzes Article 961 of the current Civil Code on the removal of the effects of unworthiness, introduced as a novelty, to the previous regulation. There are analyzed the conditions in which it may be operated a removal of the effects of successoral unworthiness by the express forgiveness. Then, it is analyzed whether or not it may operate the removal of the effects of successoral unworthiness by the tacit forgiveness of the unworthy, with arguments in a negative sense. Within the study it is examined the future of the legacy left by the testator by a testament drawn up after the act of successoral unworthiness has ben committed, whether it has the meaning of forgiveness of the unworthy and of removal of the effects of unworthiness or whether, without having these meanings, it is actually recognized the right of the legatee to collect the legacy left by the testator by a testament drawn up after the act of successoral unworthiness has ben committed.
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Following a critical study of the provisions of the Government Ordinance No 121/1998 on the material liability of the military, the author points out that this normative act is contrary to Article 73 (3) j), Article 118 (2), (3) of the Constitution. The juridical reasoning is based on the standard imposed by the case law of the Constitutional Court in respect of the status of the public officers and of the military staff, the author emphasising the necessity to adopt an organic law/several organic laws to regulate the material liability of the military staff and of the public officers within the Ministry of National Defence, Ministry of Internal Affairs, the Romanian Intelligence Service, the Protection and Guard Service, the Foreign Intelligence Service, the Special Telecommunications Service and the Ministry of Justice.
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In this article the author, starting from a case settled by the courts, refers to the patrimonial liability of the legal advisers. In essence, he points out that in the exercise of their profession, they undertake the obligation of means (of diligence), in the sense that they have the duty to make all the necessary diligence, all their (professional) knowledge and efforts so that the expected outcome be achieved. In the contrary hypothesis however, when acting negligently, unprofessionally, etc. and cause damages, the legal advisers will be liable in terms of patrimony (on civil-contractual terms) to their employers.
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The doctoral studies consist of two components developed under the guidance of a doctoral coordinator, namely a training programme based on advanced university studies, as well as an individual scientific research programme. The doctorate is finalised with the public presentation of a paper elaborated by the doctoral student. The doctoral thesis must demonstrate to have the advanced scientific knowledge of the topic addressed, must contain elements of originality in the development or solving of the topic, as well as modalities of scientific validation thereof. In order to fulfil the condition of public presentation of the doctoral thesis it is required an evaluation both from the guidance commission within the doctoral school and from the commission of public presentation of the doctoral thesis within the doctoral school. Evaluation is a complex process, which has as finality to form the belief that the doctoral studies have achieved their purpose by certifying the merit, value, meaning of the respective paper. The failure to comply with good conduct in research, including the plagiarizing of the results or publications of other authors, producing results or replacing the results with fictitious data, brings about the failure to obtain the agreement of public presentation of the paper. The legal nature of liability for violating the rules of deontology in the preparation of doctoral thesis is diverse, from the disciplinary liability to the criminal liability.
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In this study we are making reference to the acceptance of the bill of exchange in the Republic of Moldova and in Romania. The bill of exchange includes the drawer’s order addressed to the drawee to pay to the holder of the bill of exchange (payee) the amount of money mentioned in the title. This order itself includes only an obligation of the drawer to determine the payment of the amount of money to be made to the beneficiary, as well as a designation of the person (the drawee) which is going to make the payment at maturity. But the obligation to pay the amount of money does not arise from the order given by the drawer, but from the expression of the will of the drawee itself. So only by accepting the order the drawee becomes acceptor, that is debtor of bill of exchange, and will be obliged to pay at maturity the amount of money provided by the bill of exchange. By accepting the bill of exchange, the drawee becomes the principal debtor and, as a consequence, he must be presented with the bill of exchange.
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This study aims to analyze the characters of the claim of a creditor entitled to request the opening of the insolvency procedure, namely the certain, liquid and exigibile character, as well as the conditions for admitting the application for claim in the insolvency procedure. The creditor’s right to request the opening of the insolvency procedure is one of the modalities which the legislator has made available to him in order to materialize his claim right against his debtor. The opening of the insolvency procedure does not have the characteristic of an actual enforcement, because insolvency does not provide the guarantee of the effective satisfaction of the claim right against the debtor. The creditor entitled to request the opening of the insolvency procedure must have against his debtor a clear, liquid and exigible claim for more than 60 days, in a minimum quantum established by the law.
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Publicăm mai jos hotărârea Tribunalului Ilfov, dată în procesul dintre Societatea tramvaiurilor și Ministerul de interne, cu prilejul aplicărei legei din 18 Decembrie 1911, și anume părerea motivată a majorităței (d-nii N. Algiu, președinte, și C. Bossie, judecător) și aceea a d-lui judecător I. G. Manu.
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Cititorii Dreptului au luat cunoștință de proiectul de lege relativ la noua modificare a legii Curții de Casație, în scopul reînființării recursului direct în materie de contencios administrativ, în expunerea de motive a d-lui M. Cantacuzino, ministrul justiției, ce am distribuit în supliment. Publicăm aici și raportul d-lui Petre Missir, care este un document luminos asupra legii propuse, aflată în discuția Senatului.
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In our previous study we have analyzed cybercrime in the Cloud Computing environment. Our research led us to the conclusion that, with the rise of Cloud Computing services, cybercriminals benefit of new and improved ways of conducting their illicit activity, thus using the Cloud environment as an instrument or as a specific target. Furthermore, we have discovered that cybercrime is constantly changing. Emerging technology trends like Big Data, Social Networks, the Internet of Things and Cloud Computing services change the way that cybercriminals act today. As more and more relevant data is located in the Cloud, the cybercrime threat also increases. Cloud Computing also offers immense computing power at the disposal of nearly anyone, criminals included. This leads to the migration phenomenon of cybercrime. Traditional forms of cybercrime are gradually replaced by new and more complex ones, like those that occur in Cloud Computing and in other information technology environments. Our study shows that there are a series of factors that are held responsible for the cybercrime migration phenomenon. These factors include: powerful processing power, huge volumes of valuable data, extended service availability, risk of mass attacks, vanishing fingerprints, adaptable crime tools and others. Only by examining the way that cybercrime evolves we will be able to reduce its harmful effects.
