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Search Results: 1 - 5 of 5 matches for " infrac iune subsecvent (delinquens subseque "
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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.
ASPECTS REGARDING THE PLACE OF PERPETRATION OF THE OFFENSE, A CRITERION FOR THE ESTABLISHMENT OF TERRITORIAL COMPETENCE IN CRIMINAL MATTERS
Bogdan Florin Micu
Lex et Scientia , 2009,
Abstract: Territorial competence is, together with material competence and functional competence, one of the fundamental forms of competence, without which the precise competence of a judicial body in the resolution of a criminal matter cannot be established. Among the fundamental forms of competence, territorial competence is imperative by its extreme importance, being immutable, namely the judicial bodies can only build a case or try a criminal case if they are competent from the territorial point of view. Starting from this qualification, it is extremely important to know the criteria based on which territorial competence is established and the way in which they are enforced, aspects analyzed in this article. In the light of the Romanian criminal procedural regulations, the establishment of the territorial competence of the judicial bodies is done depending on two main coordinates – art. 30 (competence for offenses perpetrated in the country) and art. 31 (competence for offenses perpetrated abroad). The establishment of the territorial competence as a criterion for the establishment of the territorial competence in criminal matters implies the approach of both criminal law aspects and criminal procedure law aspects. Thus, from the point of view of substantial law, the appreciation of the place of perpetration of an offense is done by applying the territoriality principle. The proper enforcement of the territoriality principle in the establishment of the place of perpetration of the offense was characterized by different approaches that adopted in the criminal law doctrine several forms around which several theories have been built – the theory of action, result, unlawfulness, preponderance and ubiquity. Last but not least, from the point of view of criminal procedure law, the analysis and definition of the place of perpetration of the offense is done in accordance with the theory of ubiquity or equivalence, a dominant theory in criminal doctrine nowadays.
LEGISLATIVE AND THEORETICAL ASPECTS OF THE MONEY LAUNDERING CONTRAVENTION FORESEEN BY ART. 23, PARAGRAPH 1, LETTER B FORM THE LAW NO. 656/2002
Vasile DOBRINOIU,Florin ENCESCU
Lex et Scientia , 2009,
Abstract: The incrimination foreseen by art 23, paragraph 1, letter b form the Law no. 656/2002 tries to cover, with details, the elements of maximal subtlety of one of the most severe action of contravention that defines the actual phenomena of organized crime, the main source of financing the severe criminality. Our intercession tries, starting also from the point of view in judiciary practice and doctrine, to shade once more or form a new perspective this problem.
LEGAL CHALLENGES POSED BY WI FI NETWORKS
Maxim DOBRINOIU,Iustin PRIESCU
Lex et Scientia , 2009,
Abstract: Nowadays, the electronic communications market is in a high development, and this trend will not be diminished even by the newly world economic crisis. Studies show a significant growth in people’s interest for Information Society (IS) services, with emphasize on the mobility of the resources. On the other hand, Internet has become more than a “network of networks”, but a way of life, and user’s addict to computer systems and IS services often reveal interesting aspects and controversial in the same time. Modern forms of electronic communications rely more and more on the wireless Internet connections (Wi Fi), and this conclusion could be eventually based on the following realities: 1) Users continue to migrate to wireless technology; 2) Users prefer wireless connectivity; 3) Users are attracted by costless Internet connections; 4) Users are fascinated by the possibility of hiding their online activity and behaviour. Although certain security measures can be easily applied in order to prevent the spread of cyber related crimes, the wireless (Wi Fi) connection to Internet also rise up a lot of controversial aspects, most of them about the legality of the connection itself, topic that the authors try to approach in this study.
CRIMINAL INVESTIGATIVE ANALYSIS AGAINST VIOLENT CRIME
Costic PAUN
Lex et Scientia , 2009,
Abstract: Quickly identifying and apprehending the perpetrator of a violent crime – murder, robbery, rape, and abduction – represent major goals of all law enforcement agencies. The police aim at identifying the author as quickly as possible by using the data gathered upon investigating the crime scene, in order to prevent further violence. The activities to be performed for determining the precise means of committing the crime and for interpreting the criminal’s behavior in his/her interaction with the victim are highly complex and decisively important in establishing the perpetrator’s guilt.
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