In this study, we will analyse the offences incriminated in the Government Ordinance no. 43/2000 on the protection of archaeological heritage and the declaration of archaeological sites as areas of national interest. Given the increase in the number of offences on the archaeological heritage, as well as the limited knowledge of the legislation in question, we consider it useful to analyse the constituent elements of those of...

In the last quarter of 2020, the legislature decided to make amendments to the Criminal Code and the Code of Criminal Procedure, by four laws, i.e. no. 217/2020, no. 228/2020, no. 233/2020, no. 274/2020. In this study, the author aims to make an overview of these changes and the reasons underlying their implementation. Following the analysis of the explanatory memorandum that accompanied each amending law, of some statistical data avail...

Through this study, the author aims, following the analysis of some concrete cases, the recitals of courts, as well as the Romanian doctrine, to identify certain abstract, but especially concrete, criteria for differentiating the offence of murder committed with indirect intent from that of involuntary manslaughter in the event of road accidents. I consider this study to be useful and relevant, taking into account a change in the view of...

In this study, the authors intend to analyze a new institution of Romanian criminal law, namely the waiver of penalty. They also examine various situations that have occurred in practice regarding the application of other criminal law institutions when ordering solutions to waive the penalty, various legislative inconsistencies that make it difficult to apply important legal provisions. Last but not least, we will propose de lege ferenda solut...

Through this study we intend to demonstrate the need to amend art. 274 of Law no. 86/2006 on the Customs Code. At this moment, the criminal legislation that incriminates the assimilated smuggling offence, provided in art. 270(3) of Law no. 86/2006 related to art. 274 of the same normative act, leads to exaggerated punishments, with deprivation of liberty, as related to the concrete social danger of the acts for which the defendants are prosec...