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Within this paper it is examined the institution of recognition and enforcement of pecuniary sanctions by a competent authority of another Member State of the European Union, regarded as a form of judicial assistance in criminal matters at the level of the Member States. The study is a continuation of the research on the institution of judicial assistance, materialized in the author’s publication of other materials in the specialized reviews and in the volumes of some international conferences. The study can be useful both to practitioners in this field and to the students of faculties of law. The element of novelty is the examination of the institution in the light of the new amendments brought to the Romanian and European legislation, as well as by critical remarks expressed, remarks meant to help improve the phrasing of incidental legal rules. -
The author examines the offense of child maltreatment in relation to the offense history and in terms of the new Criminal Code. Also, de lege ferenda, the author suggests that the offense analyzed should be provided for in the chapter on offenses against the family of the new Criminal Code; this solution was also adopted by the Criminal Code in force. -
The paper examines the trust, a newly regulated institution in the content of the Romanian Civil Code (Law no. 287/2009) into force from 10 October 2011. The author formulates any critical remarks about the way in which the legislator defined the trust agreement, makes a comparison between the trust and the other similar legal institutions and highlights the specific elements of the parties and the content of the trust agreement. A special place shall be granted to the analysis of the fiduciary capacity, of the liability, of its obligations and relationships with the other persons, as well as to the analysis of the ways in which the trust agreement shall be terminated. The author formulates numerous de lege ferenda proposals as well, intended to align the legal rules in the matter with the objective legal reality. -
The author analyses the regulation of the legal relationship emerged from the creation of a topography of semiconductor product, both from the viewpoint of compliance with the norms of legislative technique and from the perspective of the shades of interpretation of the legal norms in the respective space. The study systematizes the issue of the moral and patrimonial rights of the limits of making use of these rights and of the specific obligations of the owners of the topographies of semiconductor products. There should be noted the multiple de lege ferenda proposals meant to eliminate the chaotic image of settling the norms and to help at establishing a legal physiognomy that should induce rigour and balance in the field of the legal relationship emerged from the registration of the topographies of the semiconductor products. -
The authors of this article, starting from a case, approach the new regulation of the novation contract by changing the debtor, analyzing some legal limits of this type of contract, in the hypotheses in which, the new debtor – legal entity – takes over a debt free of charge. In this sense, highlighting the limits provided by the Constitution, the Civil Code, the Law on companies No 31/1990 1 , Criminal Code, Law on the procedures for preventing insolvency and for insolvency No 85/2014 2 , conclude that the novation contract by changing the debtor and taking over free of charge the debt of the old debtor by a legal entity third party is prohibited by several mandatory provisions of the Civil Code, the Law on companies No 31/1990, the Criminal Code and the Law on the procedures for preventing insolvency and for insolvency 85/2014. To admit otherwise means to accept the enrichment of the old debtor without just cause, to favour the administrators of the old debtor to evade the responsibility for being brought into insolvency or state of default, as well as the prejudice of the new debtor’s associates, his creditors, etc. -
The new Romanian Criminal Code’s lawmaker took most of the regulations from the Criminal Code in force, the so-called constants of criminal law, but also introduced new ones, unknown to our law, some of which being required by the current socio-economic conditions and others being introduced out of the lawmaker’s desire to bring something new to the criminal law in force or simply to take them from other foreign laws, although criminal law science did not call for this. In this study, the authors make an inventory of these innovations, while attempting to analyze thereof and show the unfittingness of their introduction or acquisition from other foreign laws. -
In Romania, the Civil Procedure Code in force shall be repealed and replaced by the new Civil Procedure Code, which was published on July 15, 2010, but has not come into force yet (the time when it comes into force has not been legally established yet). Until such time, Law No. 202/2010 regarding certain measures to accelerate disputes resolution (The “Small Reform” Law) was enacted and came into force in October 2010. In this study, the author makes a comparative examination of the following issues: the exception of the lack of competence, competence conflicts and the transposition to the current Civil Procedure Code, by taking into consideration Law No. 202/2010 and, respectively, the new Civil Procedure Code. The author reaches the conclusion that, sometimes, in law, the regulations of the current Code are better than the regulations of Law No. 202/2010 or of the new Civil Procedure Code; also, there are contradictions between the new laws (Law No. 202/2010 and the new Civil Procedure Code). Given these facts, certain de lege ferenda proposals are laid down. -
This paper is a review of the provisions set forth in Art. 216 of the Criminal Code, which focuses on questionable theoretical and practical aspects, especially on the question of criteria for distinguishing between the offences of found property appropriation and theft offences. Likewise, the author makes a comparative analysis of the provisions of Art. 216 of the Criminal Code, reported to Art. 243 of the new Criminal Code. -
This paper deals with contesting protective measures taken during criminal proceedings at the request of the civil party. Authors consider that it is the right of the civil party to request for such measures to be taken with regard to the assets of the defendant and to those belonging to the party liable under the civil law. Moreover, the civil party can contest the manner in which the court applies this request. -
This study proposes a broader specialists’ examination of the scientific work represented by the computer program, and particularly of its usage agreement. Law no. 8/1996 regulations on copyright and related rights concerning the computer program usage agreement were investigated in relation to the rules provided for in same law and established for the patrimonial copyrights capitalization agreements and to the provisions of the Civil Code (Law no. 287/ 2009) and of the new the Civil Procedure Code (Law no. 134/2010). The paper contains the legal literature prevalent views on the computer programs usage agreement and the author’s views about some aspects of the analyzed agreement, leaving open path for research, from various perspectives, of particularly complex and evolving legal issues in the matter. -
Among the measures initiated by the European bodies and subsequently taken over and adopted by the judicial authorities of the Member States to combat cross-border crime are those regarding the judicial cooperation in criminal matters referring to the tracing, identification, freezing and confiscation of proceeds, instruments and assets related to the offences committed by this kind of criminality. In this regard, the Report of the Commission to the European Parliament and to the Council on the progress made by Romania under the cooperation and verification mechanism, issued on 13 November 2018 in Strasbourg, through the Recommendation No 12, was sending to the Romanian authorities „the assurance that the National Agency for Management of Seized Assets is fully and effectively operational, so as to be able to publish the first annual report with reliable statistical information on the confiscation of assets coming from committing offences. The Agency should establish a system of regular reporting on the development of its administrative capacity, on the results obtained in the confiscation and management of proceeds resulted from committing offences”. The Romanian legislative authorities have indeed adopted the Law No 318/2015 for the establishment, organization and functioning of the National Agency for Management of Seized Assets and for the amendment and supplementation of some normative acts, law published in the Official Gazette of Romania, Part I, No 961 of 24 December 2015. This first legislative approach, however, had to be supported also by other administrative and executive formalities which involved the effective establishment, organization, functioning and operationalization of this Agency, a fact ongoing even at the date thereof. It is also noted, at the time of writing this study, that this Agency is not operational and that there are ongoing, although with big delay, some procedures for organising contests and for filling several offices therein in order to become functional. Starting from these coordinates, the article contains a brief analysis of the stage in which the Romanian authorities have complied with this recommendation, together with the relevant Romanian case law, with some of the Community norms and with the model of other European states in this matter, as well as its own conclusions necessary for an as good as possible implementation of this recommendation in the Romanian judiciary system. -
In this article the author raises for discussion some theoretical and practical issues referring to the judicial control and to the judicial control on bail, preventive measures which have been regulated in this form in the new Criminal Procedure Code, focusing on how they are implemented, in order to avoid some errors or confusions related to their interpretation and application.
