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CONTROVERSY REGARDING THE ACTIVE SUBJECT OF THE INFRACTION OF MONEY LAUNDRY
Mihai HOTCA,Silvia NI U
Lex et Scientia , 2009,
Abstract: De lege lata, in the Romanian criminal law, the matter of the circumstance of the persons that can have the capacity of active subjects of the infraction of money laundry is. Mainly, it is about the answer to the question: Can the participant to the infraction from which come laundered assets (deliquens principale) be active subject of the infraction of money laundry? The legal practice is uneven and the doctrine is, in its turn, divided in this matter. Next, we will try to present the arguments that support the two points of view and we will try to answer the above asked question.
The Evolution of the Social Criminal Law on an International Wide Scale
Radu Razvan Popescu
EIRP Proceedings , 2009,
Abstract: Brought to maturity, the labor criminal law represents a real branch of the criminal law, as well as the business criminal law, fiscal criminal law or the environment criminal law. Notwithstanding labor criminal law cannot be considered merely as an accessory part of the corporate criminal law, but having an essential part such as an exhibit test, in order to determine new legal mechanisms, such as the ones regarding criminal liability of the legal persons. In the Romanian legislation, the labor criminal law, as an interference zone between the criminal law and labor law, has to be regarded from the internal social realities governing the labor aspects, as well from the comparative law's point of view.
Lack of predictability in the criminal law. The offences of “insult” and “libel”  [PDF]
Aldea, A.
Bulletin of the Transilvania University of Bra?ov. Series VII : Social Sciences and Law , 2010,
Abstract: At present, provision in the criminal law for the offences of "insult" and "libel" is a controversial issue in Romanian criminal law. Lack of predictability of the criminal law regarding the two above mentioned crimes has consequences on the security of legal relations and affects the defence of social relations covering freedom of expression and its limits.
CRIMINAL PROTECTION OF PRIVATE LIFE
Radu SL VOIU
Lex et Scientia , 2012,
Abstract: This study is meant, first of all, to analyze the incriminations that the new Romanian Criminal Code sets for the protection of a person’s private life as a social value of maximum significance both for the human being and for any democratic society as a whole.There are two criminal offences treated in this study that are not to be found in the current criminal legislation: violation of private life and criminal trespassing of a legal person’s property. Likewise, the study will bring forth the novelties and the differences regarding the offences of criminal trespassing of a natural person’s property, disclosure of professional secret, violation of secret correspondence, illegal access to computerized system and illegal interception of electronic data transfer – acts that when, directly or indirectly, committed can cause harm to the intimacy of a person’s life.As an expression of the interdisciplinary nature of this subject, the study also sets out, as a subsidiary aspect, an evaluation of the circumstances under which the new criminal proceeding legislation allows public authorities to interfere with an individual’s private life. Thus, the emphasis is on the analysis of the circumstances under which special surveillance and investigation techniques can be used as evidence proceedings regulated by the new Romanian Criminal Procedure Code.
CRIMINAL PROTECTION OF PRIVATE LIFE
RADU SLAVOIU
Challenges of the Knowledge Society , 2012,
Abstract: This study is meant, first of all, to analyze the incriminations that the new Romanian Criminal Code sets for the protection of a person’s private life as a social value of maximum significance both for the human being and for any democratic society as a whole.There are two criminal offences treated in this study that are not to be found in the current criminal legislation: violation of private life and criminal trespassing of a legal person’s property. Likewise, the study will bring forth the novelties and the differences regarding the offences of criminal trespassing of a natural person’s property, disclosure of professional secret, violation of secret correspondence, illegal access to computerized system and illegal interception of electronic data transfer – acts that when, directly or indirectly, committed can cause harm to the intimacy of a person’s life.As an expression of the interdisciplinary nature of this subject, the study also sets out, as a subsidiary aspect, an evaluation of the circumstances under which the new criminal proceeding legislation allows public authorities to interfere with an individual’s private life. Thus, the emphasis is on the analysis of the circumstances under which special surveillance and investigation techniques can be used as evidence proceedings regulated by the new Romanian Criminal Procedure Code.
EXTENDED CONFISCATION IN THE NEW CRIMINAL CODE
MIHAI ADRIAN HOTCA
Challenges of the Knowledge Society , 2013,
Abstract: Through Law no. 63/ 2012 for the change and completion of the Criminal code of Romania and of Law no. 286/2009 regarding the Criminal code, in the Romanian criminal law, it has been introduced a new safety measure, that is the extended confiscation. Within the current article, we will analyze the conditions regarding the enforcement of this safety measure. We will also examine if the juridical norms that regulate the extended confiscation, as well as their concordance with the fundamental law – the Constitution.
THE NEW ROMANIAN CRIMINAL CODE – CHANGES SUGGESTED IN THE GENERAL PART
Mihai Adrian HOTCA
Lex et Scientia , 2012,
Abstract: Through Law no. 286/2009, it was adopted a new Criminal code. The new Criminal code brings more changes both in the General part as well as in the Special part. Through this Criminal code, the Romanian lawgiver mainly pursued: to create a coherent legal framework from the criminal point of view by avoiding the useless overlapping of the norms in force existing in the current Criminal code and in the special laws; to facilitate the quick and unitary enforcement of the criminal legislation in the activity of the judicial organs; to transpose the regulations adopted at the European Union level into the national criminal legislative framework; to harmonize the Romanian criminal law with the systems of the other member states of the European Union. The study proposes to underline the main changes occurred in the General Part of the Criminal code.
THE NEW ROMANIAN CRIMINAL CODE – CHANGES SUGGESTED IN THE GENERAL PART
MIHAI ADRIAN HOTCA
Challenges of the Knowledge Society , 2012,
Abstract: Through Law no. 286/2009, it was adopted a new Criminal code. The new Criminal code brings more changes both in the General part as well as in the Special part. Through this Criminal code, the Romanian lawgiver mainly pursued: to create a coherent legal framework from the criminal point of view by avoiding the useless overlapping of the norms in force existing in the current Criminal code and in the special laws; to facilitate the quick and unitary enforcement of the criminal legislation in the activity of the judicial organs; to transpose the regulations adopted at the European Union level into the national criminal legislative framework; to harmonize the Romanian criminal law with the systems of the other member states of the European Union. The study proposes to underline the main changes occurred in the General Part of the Criminal code.
THE REFLECTION OF ARTICLE 7 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS IN THE ROMANIAN CRIMINAL LEGISLATION
ION RISTEA
Challenges of the Knowledge Society , 2012,
Abstract: This study highlights the principle of the legality of incrimination and penalty, as well as the principle of the retroactivity of the more lenient criminal law, as stipulated in Art. 7 of the European Convention on Human Rights. In order to clarify and highlight these principles, some cases of the practice of the Convention on Human Rights are presented. Furthermore, the material shows the way these fundamental principles are reflected in the Romanian legislation, namely the Constitution of Romania, the Criminal Code in force and the stipulations of the new Criminal Code. Understanding these principles at an European normative level and in the Romanian penal legislation, in order to apply them correctly in jurisdictional activity, is of particular importance in the current period of reform and adaption of the Romanian Criminal Legislation.
CONSIDERATIONS REGARDING THE CRIMINAL LIABILITY OF CORPORATIONS – THE ROMANIAN WAY
ANDRA-ROXANA ILIE
Challenges of the Knowledge Society , 2011,
Abstract: Announced by the legal literature, recommended through an important number of international instruments, already provided for in the majority of European Criminal Codes, the criminal liability of corporations (re)gained its place in the Romanian legislation, through Law no. 278/2006 for the amendment of the Criminal Code and other laws. The purpose of the paper is to present the main regulations governing the criminal liability of corporations, as existing in the Criminal Code, as well as they are provided in Law no. 286/2009 (the new Criminal Code). Although the criminal liability of corporations is now consecrated in Romanian for almost five years, there is however some reticence in engaging the liability of such person which is not “in the flesh”, but only, according to some opinions, an abstract entity which lives only in the universe of jurists. As a consequence, up to present there is little case law in this field. Nonetheless, in the past year, it can be noticed an emergence of the files where the problem of the criminal liability of corporations is raised. Therefore, the objectives pursued by the present study are to provide an approach on the court decisions where criminal charges against corporations were carried out and to see how the relevant legal provisions were applied in these cases.
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