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The study analyzes the two procedural moments of judging the requests for revision, traditional in our law – the admissibility in principle and the retrial –, by referring, mainly, to the new amendments to the Criminal Procedure Code and to the jurisprudential solutions. There are taken into account the measures that can be taken at the same time with or after the admission in principle and the solutions that will be given in the retrial of the case. Whereas a substantial change in the matter of revision, following the entry into force of the new Criminal Procedure Code, concerns the exclusive revision of the civil side of the criminal trial, respectively the division of the material competence between the criminal court and the civil court, a section is devoted to this issue. Whereas the new provisions are quite elliptical in this matter, the paper tries to identify aspects that may raise problems of application and to suggest solutions. -
Infracțiunea prevăzută de art. 337 C.pen. are ca situație premisă solicitarea expresă din partea organelor de poliție rutieră adresată conducătorului auto de a se supune prelevării de mostre biologice, în ambele modalități normative, atât în cazul refuzului, cât și în cazul sustragerii conducătorului unui vehicul de a se supune prelevării de mostre biologice necesare în vederea stabilirii alcoolemiei.
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La data de 1 martie 2020, Parchetul de pe lângă Judecătoria X a solicitat a se dispune înlocuirea măsurii preventive a controlului judiciar cu măsura arestării preventive față de inculpat, ca urmare a incidenței în cauză a dispozițiilor art. 215 alin. (7) C.pr.pen
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The article, a continuation of the study with the same title published in the previous issue of „Dreptul” magazine, presents in detail the minority point of view expressed within the civil procedure collective of the Faculty of Law of the West University from Timișoara, according to which the object of the incidental or provoked appeal/review may be the grounds or the solutions contained in the judgment of the court and in the preliminary conclusions, whether they have been challenged or not by means of the main appeal/review
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Reflections on the moral and legal status of the animal, its cognitive abilities, its differences, essential or not, with humans, have nourished human thinking since ancient times; source of debate also today are a lot of questions: can we kill animals, we can eat them, we can use them in our activity, both in the field and in laboratories, do animals have rights, are they subjects of law? Ever since Roman law, the animal was considered from legal point of view, considering only the faculty of man’s appropriation as a subject of law; the main status of animal remains that of reification, their interests being most often ignored for the benefit of humans’ interests. This status embraced by doctrine, praised legally throughout the different civilizations and which has lasted until today, could be maintained by virtue of the „natural” power of human domination exercised over the rest of living beings also through the Cartesian animal–machine theory, which was translated into law by the animal–thing theory.
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Legal separation („separația de corp”) is a quasi-divorce, which does not lead to the dissolution of the marriage, but produces certain legal consequences on personal and patrimonial relations between spouses. Based on religious motivations, legal separation is the compromising solution adopted in states of Catholic religion, in which marriage is seen as an indissoluble and perpetual bond. Although known in several Member States of the European Union (EU), legal separation has meanings, conditions, procedure and effects that differ from one state to another. In Romanian law, the institution of legal separation is not regulated. The Orthodox religion, predominant in Romania, rejects the dogma of the indissolubility of marriage and allows divorce. However, in the Civil Code, among the provisions of private international law there is a rule indicating the law applicable to legal separation. The use of the notion, which is otherwise singular, is not accompanied by a definition or explanation of the term. In the European regulations (the Regulation Brussels II bis on jurisdiction1 and the Regulation Rome III on the applicable law2 ), directly applicable in Romania, two similar notions are used, those of „separare de drept” (legal separation) and of „separare de corp” (separation of body).
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Potrivit prevederilor art. 1345 C.civ., „cel care, în mod neimputabil, s-a îmbogățit fără justă cauză în detrimentul altuia este obligat la restituire, în măsura pierderii patrimoniale suferite de cealaltă persoană, dar fără a fi ținut dincolo de limita propriei sale îmbogățiri”
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The official proclamation of the climate emergency (at an international, European, and national level) has stimulated the concerns and efforts to regulate and adopt public policies aiming for mitigation of, and adaptation to climate change. Initiated in the name of the principle of precaution – scientific uncertainty regarding the anthropic causes do not justify the inconsideration of the phenomenon, but they impose taking progressive and proportional measures – 30 years ago, the process of development of climate law has already known three successive and progressive stages, configured around three major international acts. The Framework Convention on climate change (1992) has generated a general normativity, as a guideline and non-binding; the additional Kyoto Protocol (1997), with a superior legal force, provided precise targets and determinate periods of time to reach them; finally, the Paris Agreement (2015) has marked the phase of voluntary commitments and of adequate instruments, varied in their means of enforcing. Characterized by a dependency and a major interconnection with scientific data, climate law is inspired by a series of fundamental concepts (general interest of humanity, environmental transition, the rights of future generations, global approach), and it is dominated by a series of general principles (precaution, common but differentiated responsibility, the right to a stable climate), affirming itself as a law of the present day, but especially of the future. Assuming the Green Deal as a new strategy for growth of the EU (2019), of the law for climate (2020) and the return of the USA to the Paris Agreement (2021) re-launch the multi-lateral framework for negotiation and international regulation in this field, opening ample perspective for affirmation of the new legal regime and the innovative scientific field.
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Resulting from the frontal collision of two criminal law systems at the level of the legislation, theory and practice of criminal law, the crisis of the (science of) criminal law in Romania is a crisis of the „technical-legal method”. This crisis resulted from the lack of thoroughly analysing the foundations of this method configured in terms of general juridical theory in the context of the Historical School of Law from Germany, received in the particular matter of the theory of criminal law thanks to the contribution of the Italian criminal specialists (Arturo Rocco) and which became a traditional method of the Romanian science of criminal law due to its reception in Italy by Vintilă Dongoroz. In the broader plan of the general theory of law, the same crisis proves to be a crisis of the idea of science of law, explicable by the vicissitudes of the reception of the Historical School of Law in Romania over the last 150 years.
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The present scientific approach has as object the notarial activity and its development between the medieval moment of the imperial or papal authorisations and the era of artificial intelligence. Thus, the author approaches the role of the medieval notary in Transylvania, emphasizing the procedural or substantial aspects of notarial documents, presents the graphic elements of their notarial seals, but also succeeds in analyzing from the same perspectives the activities of the contemporary notary, the impact of new technologies and of the digitalization on this activity.
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The concepts with which the theory of law operates are far from being the result of some philosophical speculations, without any connection with the concrete relations of the social life. Although eminently deductive, the science of law, as a whole, does not operate only deductively, without reference to facts, data of reality. In last analysis, the theoretical constructions formulated by the science of law (or legal sociology) are the result of a succession of inductive and deductive steps. A good knowledge, explanation and interpretation of law (of the legal phenomenon, more broadly) requires an appropriate methodology, based on which to achieve a scientific understanding of the mechanism of the social action of law, its functions, essence, content and form. In the conditions of the current scientific and technological evolution, there are happening profound transformations – of structure, of method, of vision – which determine that also the scientific research go through a fruitful mutation. From this methodological perspective, the author aims to address some essential aspects of the structure of law.
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The criminal trial is a complex judicial activity through which it is performed the criminal justice, formed of a complex of judicial activities carried out in an orderly and successive manner. In its entire development, the criminal trial is a complex judicial activity. In the dynamism of its development, the criminal trial is a complex of judicial activities. The regulation of the criminal trial includes the provisions of the general part of the Criminal Procedure Code, as well as the provisions of its special part. The general provisions regulate the criminal trial in all cases and they discipline the entire judicial activity. The special provisions regulate the criminal trial in each case in particular and they discipline each judicial activity in particular. The special provisions are interpreted literally and restrictively, systematically, logically and teleologically, in order to be correctly applied.
