-
The article approaches the offence of “patrimonial exploitation of a vulnerable individual” under the provisions of Article 247 of the new Criminal Code. On these lines, the author conducted a thorough review of its legal content and highlighted issues of procedural nature. Likewise, there are also expressed critical opinions on how the legislature sought to regulate the offence’s conditions of existence, likely to severely limit its factual scope thereof. -
The author considers, in this study, that, in case of medical malpraxis in the public health system, it is the Romanian state which has patrimonial liability to the victim patient (through the medical service provider – public institution), according to the Administrative Dispute Law no. 554/2004, and the doctor in default (employee of the medical service provider) shall have a patrimonial liability to such provider (his/her employee), as set forth by article 270 et seq. of the Labor Code. -
With the view to overcome the lack of celerity in the conduct of criminal trials, the initiators of the new Code of Criminal Procedure explicitly intended to depart from the extraordinary remedy of appeal for annulment. However, although the code was adopted under the Government’s liability, the legislature has maintained this opportunity to repair final criminal judgments affected by errors. Code’s editors have thought abandon of the litigious remedy, transferring its role and cases of its raising to other extraordinary remedies. But the author points out that the experiment has not been designed fully rigorously, so that a number of hypothetical situations, consistent enough, remained outside the cases provided by law for the performance of extraordinary review procedures. Under the new code system, the appeal for annulment was integrated in a chapter distinct from the review procedures chapter, i.e. after the appeal, as an emphasis on the concept of being within reach of the parties to pursue against final judgments passed in the court of this relevant resort. -
Examining the issue of the parents’ right to agree to their child’s journey in the country (in Romania) or abroad, after reviewing the legal regulations in this matter, the author reaches the conclusion that art. 18, paragraph 2 of Law no. 272/2004 (“Any journey made by children in the country and abroad shall be made subject to notification and consent of both parents; any disagreements between the parents in relation to expressing such consent shall be solved by the court of law”) provides for situations in which the parents exercise their parental rights together, while art. 30, paragraph 1, letter c of Law no. 248/2005 refers to the situation in which parental protection is divided pursuant to a court order (following divorce etc.). At the end, the author proves that the provisions of the new Romanian Civil Code (adopted y the Parliament and published in the Official Journal of Romania, but not yet effective) do not influence the above-mentioned legal regulations. -
Law no. 1/2011 on the National Education, effective since February 2011, under Art. 289 regulated anew the regime on the legal relationships of employment after retirement age for teaching and research staff in higher education in Romania (public, private or religious). In this respect, the above mentioned bill, after having established the principle that this staff shall retire at the age of 65, sets to rights terms under which academics and researchers may continue their activity in higher education establishments, following retirement. Study hereby is to review these terms. -
Fundamentally, all intentional crimes may be under continuous form, the forest offence being one of them. In practice, we come across various ways of committing forest offences, through a single action or multiple actions, which may meet, separately or conjunctively, elements of the crime of illegal cutting or theft of trees, but usually, when the criminal offence is committed in a longer period of time, twice or several times, without considering whether each single action meets the constitutive elements of the crime for which the defendant is prosecuted, Art. 41 para. 2 of the Criminal Code shall apply automatically. Authors’ analysis refers to the offence’s content unit, namely that the execution deeds of the same kind must submit each the content of the same offence. In legal practice it was decided that there is no requirement that the execution deeds should be identical, but each to cover the contents of the same offense, even if some of them correspond to the variant type and the other to the qualified one and, therefore, in the test case reviewed by the authors it was enough to evidence the existence of two or more trees cutting and stealing acts carried out at different intervals, each causing a damage which exceeds the threshold value for which the act stands for a crime and it was not required that for each of them, the damage caused and the value of timber, respectively, exceed at least 50 times the average price of a cubic meter of standing timber, on the offence’s finding date. Therefore, in order to determine the continuous nature of the act, it is required to administer evidence that should establish the volume of timber (for the offense of theft), and the amount of damage (for the cutting offence), for each action – execution deed, respectively its petty offence or criminal nature.
-
Law does obviously not benefit from the privilege of having its own exhaustive language. We might say that most concepts used in law are borrowed from other branches of knowledge. The quite rare concepts that are its own often do not receive a definition that can be classified, according to the methodology of the act of definition itself, as “legal”. The amalgamation of legal terminology with the economic, political, sociological or philosophical terminology, without revising the concepts and without their clear understanding in the areas of knowledge from where they come makes the doctrine and the case law too often flat and stereotyped, if not even chaotic from the conceptual point of view. Lawyers are no longer seen as persons of learning, who try to explain the nature of things through justice, but as simple technicians, who apply concepts taken from other social-human sciences. Under these conditions, one of the fundamental problems for lawyers is to explain a fact that seems to be overlooked by our current culture: what is meant by a legal concept? Afterward, it becomes equally important to understand the way in which the non-legal concepts used in law should be revised, namely what the standards of the legal definition of concepts are. The above-mentioned article attempts to answer to these challenges. -
In this study, the author proves that the owners’ association does not have the legal capacity to acquire land intended to be used by the association members as parking lots or for ensuring access to the building where the individual dwellings of the members are situated. In this respect, it is claimed that the legal documents for the acquisition of such land by the association are subject to absolute nullity, since they infringe the principle of specialty of the legal entity’s usage capacity, established by art. 34, parag. 1 of Decree no. 31/1954 regarding individuals and legal entities. Consequently, it is concluded that the use of land having the above-mentioned destinations may be acquired by the owners in a condominium only by legal documents concluded in their own names.
-
The analysis of the offenses against safety on public roads refers hereinafter to four other offenses (leaving the scene of an accident or changing or erasing evidence of the accident; preventing or hindering traffic on public roads; failure to comply with the tasks regarding the technical inspection or the performance of repairs and the performance of unauthorized works in the public road area), continuing our approach to present to the reader our personal option regarding this set of offenses, presently provided for in an emergency ordinance. Key words: vehicle, car, leaving the scene of an accident, changing the scene of an accident, erasing evidence of the accident, carrying out unauthorized works on the public road, preventing traffic, hindering traffic, poor performance of the technical inspection for vehicles and cars.
-
The author’s approach to bring forward offenses against public safety on the roads in terms of the new regulation of the Criminal Code enacted by Law no. 286/2009 stands not only for a scientific approach, but also for a matter of letting those concerned in on the regulation and criminal approach of offenses in this area, against provisions of Government Emergency Ordinance no. 195/2002 on road traffic, regulations characterized by profound differences. These are some, though not all which justify, but renders our approach imperative, which, as one may note, shall prove useful in both teaching and practical terms, if it were to consider, on the one hand, the different legal matter of the two regulations, and, on the other hand, some new normative ways of achieving these facts. For the reader to better and easier understand the criminal indictments’ issue, we set ourselves to consider below separately, in two parts, offenses against public safety on the roads. -
The principle of loyalty of evidence is a jurisprudential principle of the European Court of Human Rights. The author intended to provide an overall presentation of its evolution, both from the case law perspective and from the legislative point of view. -
The author explains in detail the concept of “civil servant”, according to the interpretation of the provisions of art. 175 of the new Criminal Code adopted by Law no. 286/2009, attempting to reveal both the merits and the limitations of the interpretative rule examined contextually. The author examines each of the categories of persons falling, according to the lawmaker’s wish, under the notion of “civil servant”, which he accompanies with examples, at the same time mentioning numerous decisions of the courts of law keeping their validity in relation to the provisions of the new Criminal Code as well. In the end, following the analysis made, the author reaches certain conclusions and formulates some de lege ferenda proposals aimed at improving the text examined.
