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In this analysis, the author carries out a study of the continued offence regulated by the Criminal Code of Romania, covering both theoretical and practical aspects, proposing different solutions in the determination of legal classifications according to the concrete circumstances of the cases. The analysis proceeds from the regulatory framework of the continued offence, continues with doctrinal references and argues or counter-argues with its own arguments, expressing the author’s own opinion. Particularly, when the conditions of the continued offence are analyzed, the one that regards the factual homogeneity of the material acts that form the legal unity of the offence is emphasized. -
This study is an analysis of the conditions of admissibility by the procedure covered by Article 56 of the Law No 254/2013 of complaints made by the convicted persons in connection with the awarding of compensation days for inadequate conditions of accommodation and the cancellation of the wage garnishment, measure set up by the tax enforcement bodies in order to recover judicial expenses due to the state by those persons. I have chosen to analyse these two situations in the context in which the judge of surveillance of deprivation of liberty is increasingly faced with such complaints from private persons deprived of liberty claiming violation of rights as a result of the application of these two measures. For the presentation of legal problems and the situation I used national case law of judges of surveillance of deprivation of liberty, but also the national case law of the courts.
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The present analysis was carried out in order to clarify the situation in which the heads of claim do not have a clear and justified correspondent with the arguments presented in the statement of claim, as well as possible procedural solutions which can resolve such an issue. From the sources analyzed so far, it appears that there is no straight forward solution for this situation neither in the legal provisions, case law or speciality lectures. The premise of our study consists in the situation in which a claimant submits a request containing only one head of claim, although the content of the statement of claim includes also arguments and grounds which are not related to the one and only head of claim which was mentioned in the application, because they refer to different legal topics which are not properly expressed at the beginning of the statement of claim, as head of claim. The present analysis concerns the issues arising from the above mentioned situation both for the claimant and defendant, but also which are the remedies at their hand if such situations will occur. In addition to this, the study presents also the remedies available from the courts’ perspective if such a situation appears in different phases of the trial, but also the consequences of this situation if the issue is not addressed properly by the parties or by the court before the issuance of the court ruling.
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Given that the new General Data Protection Regulation has influenced most of the industrial sectors, new challenges in life science area have also been generated, particularly those regarding the effective protection of the personal data of the patients – subjects to clinical trials. The new changes focus mainly on how data and the rights of the data subjects are perceived by these persons, as well as the controllers and processors. This study aims to identify and determine the impact of this regulation on clinical trials and patient engagement policies, having also into consideration the derogations from the rights of data subjects for the purpose of scientific research. Also, we seek to define concepts such as sensitive data, health data, clinical trial data, the obtained results following the clinical trials, data processing, as well as notions related to the parties involved – either the patients or CROs (contract research organizations) understood through the meaning of the terms of natural person or controller, processor, recipient respectively. We want to clarify to what extent the clinical trials can be included in the scientific research that the Regulation refers to and whether its application in this area makes a distinction between the goals of the research: either the one of profit-making or the one of developing the medical knowledge.
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This study aims to debate the question of the moment when the prosecutor should address the preliminary chamber judge in view of ordering the safety measure of the special confiscation, a procedure provided by the provisions of Article 5491 of the Criminal Procedure Code, by reference to the moment of adoption of the processual solution of abandonment of the criminal prosecution, according to Article 318 of the Criminal Procedure Code. As a result of a non-unitary judicial practice, the author elaborates a few theses to decrypt the relevant provisions, he emphasizes the lack of uniformity of the judicial solutions and offers a way of settlement of the legal problem under dispute, which is perfectible. -
The paper aims to bring some clarifications regarding the typicality as an essential feature of the offence, as it is reflected in Article 15 of the Criminal Code. In fact, the paper begins by noticing that the typicality or providing the deed in the criminal law was the first of the essential features of the offence identified by the representatives of the Classical School. At the same time, it notes that, if initially typicality included only the objective requirements of the offence, now it is admitted to have a wider content, including both objective and subjective elements, as well as anti-judiciality elements. Through his study, the author brings some doctrinal explanations about the notion of typicality.
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The study analyzes the land registry actions covered by the Decree-Law No 115/1938, by the Law No 7/1996 and by the new Civil Code, the conditions of admissibility of these actions, their features and their effects, the differences of legal regimes being also presented. Thus, the advertising system based on land registries has in its content, in addition to its specificity, which gives it superiority in relation to the former system of advertising through registers of transcriptions-inscriptions and civil actions regulated in order to satisfy this superiority and which are intended to facilitate the civil legal circuit within that system. Likewise, the study also analyzes the correlation of these actions with the civil action in performing a sale and purchase preliminary contract, identifying the specificity of the correlation in different historical periods. The specificity of the land registry actions is presented also from the perspective of the application of the civil law over time, evoking the incidence of a temporary law in this field.
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The study aims to analyze the particularities of the cases of resolution of the maintenance contract, a contract that has its own, express regulation in the new Civil Code, as novelty. Some of these cases of resolution are expressly indicated in Article 2263 of the new Civil Code, and for other cases reference is made to the application of express provisions specific to the life annuity contract. As novelty, the new Civil Code (Article 2255) provides for the conclusion of the maintenance contract in authentic form, under the sanction of absolute nullity, a modification with implications on the resolution of the contracts because the conditions of execution will be clearer. The study analyzes the cases of resolution, which are the specific aspects and effects of the resolution of the maintenance contract. The analysis of the cases of resolution of the maintenance contract is made by identifying some relations and delimitations against the life annuity contract. The article examines whether the resolution is a cause of cessation of the contract or a sanction for the non-performance of the contract without justification, the last solution being the suitable one.
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This study is dedicated to the Special Part of the Criminal Procedure Code, in terms of the amendments brought by Law No. 202/2010, with reference to criminal prosecution, judgment on the merits, ordinary and extraordinary means of challenge, enforcement decisions or special judgment procedures. The study contains equally an analysis of the new regulations introduced in the field of recourse in the interest of the law. The text comments concerning the referral of the case to another Prosecutor’ Office, the information of the next hearing date, the judgment in case of admittance of guilt, the limits of the recourse judgment, the procedure in case of review can be indicated as examples. For an easier understanding of the study, the sequence of the analyzed legal regulations complies with both the structure of the Criminal Procedure Code, and with the chronology of the texts of the amending laws. Otherwise, given the fact that the work is especially addressing practitioners in criminal law and in criminal procedural law and given the fact that, for reasons of economy of the publishing space, the amended or amending texts were only rarely and partially reproduced, authors believe that the latter should be concomitantly available for a complete understanding of the study. With special reference to the contents of the second part of the study, emphasis needs to be placed on the fact that the work tried to highlight both the progressive and positively innovating provisions in the criminal procedure, and certain errors, non-compliances or legislative omissions or potential lack of correlation with the constitutional provisions. CUMPĂRĂ ACUM -
Government Emergency Ordinance No. 71/2009, serially amended and supplemented by Government Emergency Ordinances Nos. 18/2010 and 45/2010 established that Court decisions that became enforceable until December 31, 2009 and that concern salary rights to the benefit of the personnel from the budgetary sector shall be paid by budgetary authorities and institutions as follows: 34% in 2012; 33% in 2013; 33% in 2014, of the value of the enforceable title. The author considers that Government Emergency Ordinance No. 71/2009 (as amended and supplemented) does not infringe Protocol No. 1 to the European Convention on Human Rights and Fundamental Freedoms, as well as the applicable jurisprudence of the European Court of Human Rights.
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Law no. 272/2004 regulated – in the aggregate – the legal regime of protection and promotion of the rights of children in Romania. In the research hereby, the author conveys some viewpoints on the rules of law mentioned in relation to the exercise of parental rights and responsibilities when determining the special protection measure of placement by the child protection committee, committee settled by the same law. -
The article presents the extended confiscation from the perspective of the Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Properties, supporting the opportunity of its transposition into the domestic law, considering justified the fact that the perpetrator of a crime is required to prove the illicit origin of products presumed to be connected with a crime of a certain seriousness, by reducing or reversing the burden of proof as regards the source of the properties held by a person convicted for an offense related to organized crime, under a special procedure established by law.
