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The minor traffic offence is one of the most serious offences, being included in the field of judicial cooperation in all European legislative instruments. The study describes a general and critical examination of the legal provisions into force which, according to the author, do not guarantee an adequate judicial protection to minor persons being the victims of the offence. By publishing it, the research of this very important field and at the same time in the pipeline at the level of the member states of the European Union, is continued. The research may be useful both to practitioners, and to ideologists in the field of criminal and criminal proceedings law. The essential contribution of the study is limited to the critical remarks exposed and to the concrete proposals on amending and supplementing the special law, especially from the point of view of the indictment of other offences or of establishing the obligation to provide defense to the minor person who is victim, under the sanction of absolute nullity.
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The judicial individualization of the sentence shall be carried out by a complex operation using all those individualization criteria set forth by law (general and special criteria); the need for taking into consideration all the grounds for sentence modification is included within these criteria, as well. Drawn by this need, the Romanian Criminal Code into force (since 1968) contains regulations regarding the manner in which the various grounds for sentence modification must be enforced, when they concur, regulations contained in the provisions of art. 80. Likewise, the new Romanian Criminal Code contains such regulations in art. 79. In this study, the authors have emphasized several systems of sentence determination in case of the concurrence between the grounds for sentence modification. Both the Criminal Code into force and the new Criminal Code adopted an objective criterion concerning the manner in which the various grounds for sentence modification must be enforced, being sensitive to multiple interpretations and contradictory solutions. The Romanian Criminal Code of 2004 – abrogated, before becoming effective, through the new Criminal Code – which forwarded a system based upon a subjective criterion, by granting the judge the freedom to assess the predominance (prevalence) of the grounds for sentence modification and to give them the due legal effect. From the point of view of the authors of the study, this system seems to be more adequate to settle the problems raised by the concurrence between the grounds for sentence modification.
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Law no. 287/2009 regarding the Civil Code introduces in the matter of successoral option many new items here and there, reconfiguring it. In this study, we propose to examine the general aspects that the successoral option involves in the light of the provisions of the new Civil Code, to highlight the new items brought by this legislative instrument in the matter subject to the examination et to assess their progressive nature.
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Reality proved that the persons who commit manslaughters, usually are not deprived of their freedom, this hindering the post-delictum general prevention as regards the other car drivers who breach the traffic rules, and this situation requires a legal involvement to limit to courts the possibilities of legal individualization in ways of letting out the persons who, being culpable and disregarding the compulsory traffic rules on public roads, provoke the death of their fellows.
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In this study the author carries out an analysis of the provisions mentioned in art. 898-902 of the new Civil Procedure Code (Law no. 134/2010, not yet in force) on the enforcement of court orders regarding the minor children, these regulations being derogatory from the common law of the enforcement, established for the first time in the Romanian laws, and consequently, without any correspondence in the Romanian civil procedure laws, still in force.
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În situația în care, pe perioada procesului de divorț între pãrinți, minora a fost încredințatã mamei prin hotãrâre judecãtoreascã, iar mama o influențeazã pe minorã sã refuze contactul cu tatãl ei și, în același timp, mama refuzã sã execute sentința judecãtoreascã prin care s-a stabilit programul de vizitare a minorei de cãtre tatã, instanța este în drept sã oblige pe ambii pãrinți sã se prezinte cu minora la centrul de consiliere (psihologicã) din cadrul direcției generale județene de asistențã socialã și protecția copilului (cu notã aprobativã).
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This article deals with an offence substantially amended under the new Criminal Code – i.e. the failure to comply with judgments. After a brief comparative presentation of new and old regulations, the author describes and analyzes the normative versions of the new wording: opposition to the execution, by making a stand against the enforcement authority; refusal of the enforcement authority to implement a judgment, by which it is bound to perform a certain act; refusal to assist the enforcement authority in the implementation of the judgment by people who are liable in this matter under the law; non-enforcement of judgment ordering the reinstatement of an employee; default in enforcing the judgment on the payment of wages within 15 days from the date of its enforcement application submitted to the employer by the interested Party; non-compliance of judgments on the establishment, payment, updating and recalculation of pensions; prevention of a person to use, in whole or in part, a property owned under a Court ruling, by the one against whom the same is enforceable.
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The social reaction against low severity felonies ask for finding solutions alternative to criminal penalties. The legislator of the new Criminal Code, waiving the institution of absence of the felony’s social danger and replacement of criminal liability, has adopted, for the argument of criminal prosecution, on grounds of the principle of opportunity of exercising criminal action, the institution of waiver of criminal prosecution, and, in terms of substantive criminal law, waiver by the court law of the penalty enforcement. Both institutions, new as concepts in the Romanian criminal legislation, are practically instruments of non-penalization of the actual felony and replacement of criminal liability with an administrative liability, by enforcing administrative sanctions as alternatives for criminal penalties. The regulation of these new institutions, according to the author’s opinion, can however be criticized both in terms of preserving the rights of the injured persons and by the fact that the prosecutor’s assessment powers are far more extended than those of the court of law.
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With rare exceptions, self-explanatory, the legal adages have proven out to be law constants, that are so enfranchised and widely accepted that, often, they have been converted from ,,rules” to ,,arguments”. Jurisprudence has capitalized them and is still capitalizing them either in the consideration of ,,their inherent binding legal force”, since, in their essence, they are objectified through legal rules, hence borrowing their value, either in the consideration of ,,their normative force” k within the newer meaning assigned to this concept k as ,,reference”, as ,,guidance”, as ,,standard” of interpretation and enforcement of the provisions of positive law. Two of these adages present a paradoxical and arguable legal circumstance: specialia generalibus derogant (special departs from general); nemo censetur ignorare legem (ignorance of the law excuses no one). They are not established in terminis (in terms) and sufficiently defined by legal dispositions. And, still, they have a binding legal force. These are, in essence, the subject matters proposed to be discussed in the study below.
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Ending a controversy that lasted for two decades (1991-2011), Law no. 62/ 2011 on social dialogue settled, unequivocally, that in case of triggered and / or continued illegal strikes, the parties responsible are the organizers of the strike and all employees participating in such strikes, be they employees or civil servants. Further, the study proceeds to a thorough analysis regarding the legal nature of restoring liability (civil-tort or civil-contractual) of the organizers of such strikes, as well as of the „employees” (employees or civil servants) participating in such strikes, concluding that the first bear civil-tort liability, and the participating employees bear civil-contractual liability.
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The paper presents the amendments to the Government Ordinance no. 2/ 2001 brought by Law. 76/2012 for implementing Law no. 134/2010 on the Code of Civil Procedure, the Contraventional procedure undergoing major changes with the entry into force of these regulations. Therefore, the steps of the judicial Contraventional procedure are briefly presented through the innovations introduced by the Code of Civil Procedure and, at the same time, the Contraventional law-related issues not yet regulated are analyzed, reiterating the proposal to develop a Contravention Code to regulate matters still confusing of the law material Contraventional and, especially, the ones contravention of the procedure Contraventional.
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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).