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  • Entrusting personal property to view and verify its operation does not constitute a waiver of its possession or detention, and the appropriation of someone else’s stuff touch-and-go in his grip stands for a fraudulent possession, which, without the consent of the victim, with strict reference to the stuff’s acquisition and not otherwise, shall be construed as crime of theft and not crime of fraud.
  • In the study hereby, the author makes a comparative analysis of the problematics of conflict between freedom of the press and reputation in the jurisprudence of the European Court of Human Rights and the United States Supreme Court, respectively, managing to capture a number of differences regarding the deviation of the litigious issue.
  • According to art. 20 para. 2 in the Criminal Code, it is called tentative also in the case where „due to the fact that when the acts of execution have been committed, the object was missing from the place the offender believed it were”. This case is defined by the means and the material object, because these two entities are considered the effect’s agents. In the absence of the material object from the place where the offender believed it were, the criminal doctrine concluded two assumptions: first, called the relative impossibility, implies that the material object was absent from the scene while performing acts of execution by the author, while, in case of absolute impossibility, the material object was absent. For a complete image of the role the material object plays within the attempt, the author introduced also some references on the Italian, German and Anglo-American criminal law.
  • Based on provisions of art. 20 of the Romanian Constitution, republished, and considering the provisions of art. 5 para. 4 of the Convention on Human Rights and Fundamental Freedoms, the principle of equality of arms and related jurisprudence of the European Court of Human Rights (ECHR), the authors argue that both de lege lata, and in terms of the new Criminal Procedure Code, the detainee is in a position of net disadvantage to the prosecution represented by the prosecutor, since the defendant to whom, on the merits, the request for revocation of preventive detention or its replacement was rejected, it is not given the opportunity to effective remedy. Consequently, the authors make some suggestions de lege ferenda in order to regulate this situation in accordance with the provisions in Constitution and the ECHR jurisprudence.
  • The following study reviews the Ukrainian and Romanian legislation regarding the protection of persons belonging to the Romanian minority in the Republic of Ukraine. The author concludes that relevant statutory regulations exist, but their actual implementation leaves much to be desired. Finally, it is considered that the Romanian State must have the legal and moral duty to participate actively in the life of Romanian communities in neighboring countries (among which Ukraine is included), but obviously by observing the principle of sovereignty and noninterference in internal affairs of these States.
  • The article hereby reviews the arguments on the need for detention of the presumption of innocence in contravention and, therefore, the proper application of the provisions of art. 6 of the (European) Convention on Human Rights and Fundamental Freedoms. Arguments are the result of uniform and consistent theories and practices of the European Court of Human Rights and the provisions of the Constitution of Romania, republished. Given these arguments, the author considers that the presumption of innocence in contravention is mandatory for the Romanian courts when a complaint of contravention is submitted for trial against a sanctioning act. In conclusion, it urges that the High Court of Cassation and Justice order by an appeal, in the interest of the law, guidance for uniform practice in contravention and / or the legislator to amend laws on this issue, to that effect.
  • 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.
  • In this study, the two authors examine the procedure of establishing local councils in the Romanian legislation and reveal a series of ambiguities of the legal rules regulating various stages of this procedure, ambiguities generated in particular by the circumstance that the given procedure is regulated in the content of three regulations, namely: art. 28–35 of the Local Public Administration Law no. 215/2001 (republished in 2007, then amended and supplemented several times), art. 1–10 of the Government Ordinance no. 35/2002 for approving the Regulation on the organization and operation of local councils; art. 6–8 of Law no. 393/2004 on the statute of local elected officials (and the latest two regulations being amended and completed several times). Taking into consideration this situation, the authors propose a series of solutions for creating a more coherent legislative framework in this field.
  • The article presents some considerations regarding the procedural provisions related to the system of the means of proof, as it is regulated by the new Criminal Procedure Code. The author examines the new provisions establishing the enunciative system, in relation to the provisions of the Criminal Procedure Code in force, which establishes the completeness of the means of proof.
  • 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.
  • This study is designed to carry out a general examination of the provisions established in Law no. 202/2010 regarding certain measures to accelerate the resolution of trials. The author presents the most significant amendments and supplements brought to the current civil procedure code in various fields: the judgment before the trial court, the appeal, the second appeal, the special procedure and the enforcement. The author also formulates opinions regarding some of the new legislative interventions. However, some “innovative” solutions are also emphasized in relation to the provisions of the new Civil Procedure Code itself, some of them being considered by the author questionable.
  • The Lisbon Treaty is designed to replace the Treaty establishing a Constitution for Europe. Its adoption brings about an improvement of the institutional law system of the European Union, due to the coming into force of the Charter of the Fundamental Rights of the European Union. It was proclaimed by the European institutions (the European Commission, the European Parliament and the Council of the European Union) on the occasion of the European Council of Nice on 7 December 2000 and its wording states for the first time in a single document, on the whole, the social, economic, civil and political rights that all the European citizens can benefit of.
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