Deficienţe în instruirea criminalistică și efectele acestora în sistemul judiciar
Numărul 4 Anul 2024
Forensics is a complex science that makes use of numerous techniques, methods and procedures from various fields in order to discover traces, facts or circumstances and turn them into evidence. The development of forensics is spectacular and overlaps with advances in other sciences such as chemistry, physics, medicine, computer science, biology, geology, anthropology, etc.The applicability of forensics is not limited to criminal t...
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Nelegalitatea decuplării energiei electrice ca urmare a solicitării de a se negocia clauze neesenţiale
Numărul 3 Anul 2024
A company’s electricity supply was cut off without notice on the grounds thatit had raised some objections to non-essential clauses in the contract it hadsigned and sent to the supplier. For several months, there was no response to the negotiation proposals and the competent authority to resolve the dispute was not indicated, whose name was not specified in the contract.
After almost a year, the supplying company was ...
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Deficienţe privind constatarea și expertiza în domeniul penal
Numărul 4 Anul 2023
Despite the improvement of forensic investigations, numerous deficiencies regarding the completion of criminal trials are maintained, which were also referred to in the Statement of Reasons in the current Code of Criminal Procedure, in which there were complaints raised about the lack of speed of criminal trials, significant social, financial and human costs, overloading of prosecutor’s offices and courts, excessive duration of procedu...
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Obligarea statului la restituirea cheltuielilor de judecată în cazul erorilor judiciare
Numărul 3 Anul 2023
There are many cases in which the criminal action is initiated ex officio, for crimes in which there are no injured individuals. Some cases are finalized through acquittal solutions, after which the state would be obliged to answer patrimonially for the damages caused by judicial errors, according to the constitutional provisions. Part of these damages consist of legal expenses, which include attorney’s fees, travel and accommodation e...
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Opinii privind starea de incompatibilitatea unui primar
Numărul 2 Anul 2023
The National Integrity Agency issued an evaluation report by which it decided that the mayor of a commune violated the legislation on the legal regime of regime of incompatibilities by concurrently exercising certain activities specific to the natural person merchant. In concrete terms, he was accused for the fact that he also exercised the capacity of a natural person merchant, having obtained income from agricultural activities and s...
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Controlul de constituționalitate al prevederilor legale referitoare la acordarea de despăgubiri persoanelor achitate
Numărul 1 Anul 2023
The Criminal Procedure Code explicitly provides only for damages in case of miscarriage of justice and in the case of illegal deprivation of liberty. The judicial error is limited to the situations in which, after the final conviction, the case was re-judged and an acquittal was pronounced. No explicit reference is made to the situations in which the criminal action was initiated ex officio and successive acquittals or other non-prosecu...
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Sistemul integrat de cadastru și carte funciară. Reglementări, imperfecţiuni, impedimente și propuneri
Numărul 1 Anul 2019
Law no. 7/1996 provided for the implementation of a national program, aiming at the free registration of buildings in the integrated cadastre and land registry system, realization of the cadastral plan of the buildings and the opening of land books at the level of all administrative-territorial units. In subsequent years there have been numerous changes and legislative amendments, but the results were not what they expected.
Gove...
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