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Search Results: 1 - 10 of 3170 matches for " Monica Pocora "
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The Adjustment of Special Seizure to the European Criminal Law
Monica POCORA
Acta Universitatis Danubius : Juridica , 2010,
Abstract: Responding to international requests, Romania has recently modified the internal regulation as regards special seizure, generalizing the possibility of confiscation by equivalent. Special seizure incomparative law has a special legal status, appeared controversies concerning the true legal nature of special seizure. Thus, the majority view is that seizure is a special criminal sanction, not that of a criminal sanction, more as part of additional penalties than as part of safety measures.
EUTHANASIA STIPULATED BY ROMANIAN CRIMINAL LAW, MITIGATING CIRCUMSTANCES VS. OFFENCE
MONICA POCORA
Challenges of the Knowledge Society , 2012,
Abstract: This paper aims to be a scientific approach to the issue of euthanasia, bringing into the debate current and future controversies raised by euthanasia, as a result of the introduction into the Romanian penal law of the criminal offence of homicide by request of the victim. The study represents an approach to moral, religious, constitutional, civil, criminal procedure debates and last but not least to criminal debates regarding the legalization of the euthanasia, as the most difficult task lies with the criminal law.
The Controversy in the Romanian Legislation Regarding the Granting of Conditional Release
Mihail-Silviu Pocora,Monica Pocora
EIRP Proceedings , 2010,
Abstract: Starting from the four types of conditioned liberation characters (general, individual, optional and revoked) it raises the controversy regarding how to grant it. Thus, in relation to the generality of conditioned liberation, under which, it can be given to any convict regardless the nature and seriousness of perpetrated crime, there are some questions as follows: is conditioned liberation granted correctly in case of extremely serious murder, or not? Is conditioned liberation granted correctly in case of sexual act with a minor? If the answer of this question is affirmative, what will happen with further development of the child? He will be able to get a look at the person who shaded his childhood, just because he is the author of an invention? He will be able to understand that law offered to offender the freedom in exchange for innovations, while theshock that child was forced to endure, was for nothing? The disputed aspects concerning granting conditional release are induced by the development of published scientific papers or patented inventions and innovations.
Different Legal Classification of Crimes Regarding Sexual Life vs. Uniform Interpretation and Implementation. Comparative Aspects of the New Criminal Code
Mihail-Silviu Pocora,Monica Pocora
EIRP Proceedings , 2010,
Abstract: Sexual freedom, being one of the individual freedom, is protected by law whenever is violated and no matter what way take place, but controversy and lack of unanimous interpretation occur once the legal status of infrinfed rule and therefore the individual sentence. In this sense, we tried to highlight some aspects regards to the legal boundaries classification, and the new elements brought by the new Criminal code.
ASPECTS OF COMPARATIVE LAW IN THE MATTER OF JUVENILE PRE-DELINQUENCY AND DELINQUENCY WITH TRENDS TOWARDS SANCTIONS AND PREVENTION
MONICA POCORA,MIHAIL-SILVIU POCORA
Challenges of the Knowledge Society , 2013,
Abstract: This study aims to be an interdisciplinary, criminal-criminological approach of the minority institution in terms of criminal liability, with an evolutionary dynamic of the pre-offense and post-offense assumptions. The operative criterion is the notion of juvenile pre-delinquency (pre-deviance or potential deviance), because it refers to all the acts violating the norm of moral behaviour, which in certain circumstances may lead a teenager to appear before the court, and in other circumstances not. The deviant conducts of minors do not necessarily have a criminal nature and not under all circumstances. If these different acts of them do not violate the criminal norms, representing only deviations from ethical rules of behaviour, they are not legally sanctioned, but only in moral forms. Thus, this approach is meant to be a criminological transition from the criminological plan to the criminal illegality.
THE APPROACH OF THE EDUCATIONAL, NON-DETENTION MEASURES APPLIED TO THE MINOR, FROM THE POINT OF VIEW OF THE NEW CRIMINAL REGULATIONS AND THE ELEMENTS OF COMPARED LAW
MONICA POCORA,MIHAIL-SILVIU POCORA
Challenges of the Knowledge Society , 2013,
Abstract: The criminal liability of the underaged criminals is a very delicate matter, in the sense of the criminal constraint imposed on them. The comparative approach of the sanctionary system from the point of view of the freedom of movement of the minor wishes to analyse on the one hand the regulatory framework, and on the other hand to underline the reason according to which one has to distinguish between penalties and educational measures.
THE CONCEPT OF PATRIMONY AND COMMON ASPECTS OF OFFENCES AGAINST PATRIMONY REGULATED BY THE CRIMINAL LAW
MONICA POCORA,MIHAIL-SILVIU POCORA
Challenges of the Knowledge Society , 2012,
Abstract: This study aims to analyze in detail the concept of patrimony and then, will identify the common aspects of all offences against patrimony regulated by the actually Criminal Law. We presented elements of meaning of “patrimony” term, stipulated both by Criminal Law and Civil Law, under this point of view, it can be observed that incriminating the offences against patrimony, the Criminal Law takes into account the illicit action of offender and not the juridical position of victim. Continuing the conceptual analyze of “patrimony”, we highlight although the Constitutional provisions. As regarding the common aspects of offences against patrimony, we presented a classification of these crimes, based on identity of material element, as well as result of some foreign criminal legislation (for example, the Italian Criminal Law, French Criminal Law).
Extended Seizure and Sale of Seized Assets before Pronouncing a Final Conviction
Monica Pocora,Mihail-Silviu Pocora,Georgeta Modiga
EIRP Proceedings , 2012,
Abstract: This study aims at emphasizing the controversies arising during extended seizure and during thesale of seized assets before pronouncing a final conviction. The study starts from the fundamental differencebetween special seizure and "extended", further corroborating Decision – Framework of European Council onassets confiscation, constitutional provisions that the "the property obtained legally will not be seized and theacquisition legality is presumed", the reverse of proof obligation and the phrase “court may confiscate the"other assets", is easily understandable and interpretable otherwise, that can be seize any property, fromanyone, if the judge is "convinced" that they provide from illicit activities. The method used during the studyis observation. It is required the establishment and use of some ways to protect innocent citizens by thepossibility of reversing proof obligation. Therefore, we believe that regulations on extended seizure aredesigned to unavailable and confiscate properties illegally obtained, but they can leave to increase the Courtcompetence, beyond the real belief and conviction.
THE APPLICATION OF THE SPECIALTY PRINCIPLE, CONCERNING THE SPECIAL SEIZURE IN ROMANIAN CRIMINAL LAW
MONICA POCORA,GINA GOGA,NICU DURET,MIHAIL-SILVIU POCORA
Challenges of the Knowledge Society , 2011,
Abstract: This paper aims to be a comparative analysis of the special seizure as a safety measure, as it is regulated in Romanian special criminal legislation, and also a way to highlight certain discrepancies between the general and special criminal legislation. Special seizure, as a safety measure, may be disposed under Criminal Code regulations, as a general norm, but also under some stipulations included in special Criminal laws. Moreover, when there are such special stipulations, they have under the rules of specialty principle, priority in implementing to the general norm. In our opinion, in these cases, special seizure is also disposed under the Criminal Code provisions, as general norm, because the general terms nondescript by others field of incidence, are the ones who set by the Criminal law. In fact, in such cases, the special seizure is ordered under both Criminal provisions. In analysis of the paper, is made reference to the applicability of special seizure measure inmatter of corruption offences, in customs, money laundering, illicit trafficking of drugs and fisheries and fish farming, and as a result of their presentation, we concluded that although is in question the specialty principle, mainly would find application the general norm in comparison with special norm. Moreover, corroborating the actually general norm with the provisions of the New Criminal Code, we believe the special seizure, should operate exclusively under the general law, or the provisions of the special norm, should be modified.
VALUES OF THE EUROPEAN FINANCIAL SPACE
NICU DURET,MONICA POCORA,GINA LIVIOARA GOGA
Challenges of the Knowledge Society , 2011,
Abstract: This paper aims to analyze the perspective of the European financial space which should allow the professional intermediaries – the credit establishments, the insurance companies or investment services, to propose their services to the entire community of customers. Actually, here are considered the traditional banking services, such as those that provide insurance, especially those relating to life insurance.The access to regulated markets, it takes place in the perspective of this financial space, especially after coming into circulation of Euro coin. It should be insight, that the access to these markets, often requires the using of intermediaries. We can not speak about the existence of the financial space, without the freedom of action of these professional intermediaries. Concerning the freedom of these services, we can say that they depend on the movement of capital, and the movement capital is engaged since the directive of May 11, 1966, and subsequently is required after the June 24, 1988 and was confirmed by the Maastricht Treaty. Thus, we can discuss about the liberty of movement of capital, through angle the coordination of national legislation in matters of banks, the insurance and the investment services through a significant number of directives adopted. Nowadays, the European financial space is overtake, the EU borders and the internationalization of operations is require the extensive possible legal framework of application, also all the directives issued in matters of banks and insurance are covered by Annex VIII of the Agreement on the European Financial Space. The agreement also provides the interdictions of restrictions or discrimination concerning the movements of capital. As a consequence, the study is approach both to aspects concerning the European financial space and the interdictictions of restrictions or discrimination concerning the movements of capital.
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