Punerea în mișcare a acţiunii penale
Numărul 1 Anul 2024
The criminal trial represents the activity through which the facts that constitute crimes are ascertained in a timely and concrete manner, thus making it possible to establish the criminal liability of the guilty person on a procedural path that includes the criminal investigation, the preliminary chamber, the trial and the execution of the criminal court decisions.
Each procedural stage regulates a distinct phase of examining or...
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Aspecte teoretice și juridice privind victima, persoană fizică sau juridică, prin prisma legislaţiei penale și procesual-penale
Numărul 1 Anul 2024
The article is a plea for the individualization of a distinct legal science, victimology, especially in the current social context when the interest and concerns regarding the victim issue, the short-term and long-term impact that the criminal act has on it, have increased.
The delimitation of victimology from criminology as an independent science, with a specific object of study, functions, appropriate analysis methods and tech...
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The concerns about the fitness for purpose of the present British constitutional arrangement are exaggerated
Numărul 1 Anul 2024
The concerns about the fitness for purpose of the present British constitutional arrangements are exaggerated. The leadership shown by the courts, especially the UK Supreme Court, shows that a written constitution is not needed. Governmental action is always subject to review in the courts and whatever strategy a government may choose for the purpose of avoiding fundamental rights or other basic constitutional principles, the courts alw...
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Rolul partidelor politice într-un sistem democratic
Numărul 1 Anul 2024
The political parties have developed at a spectacular pace, managing in less than a century and a half since their appearance to spread throughout the entire world and to become indispensable political and legal institutions for the functioning of democratic regimes. Considered a „necessary evil”, today, political parties represent valuable tools available to the governors and, equally, a bond between them and the governed. This present ...
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Constituţionalitatea restrângerii exerciţiului unor drepturi și libertăţi în situaţii excepţionale
Numărul 1 Anul 2024
The Romanian Constitution uses a simple and efficient procedure for regulating the restriction of the exercise of certain rights and freedoms (common circumstances), through the provisions of a single article. The provisions of art. 53 allow the restriction of the exercise of some fundamental rights and freedoms, but only conditionally. The issue of interpretation and application of the provisions of art. 53 presents a special complexit...
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Despre premisele, dezvoltările și perspectivele unui drept al inteligenţei artificiale
Numărul 1 Anul 2024
The pervasive assertion and emergence of evolved forms of AI offer tremendous opportunities for innovation and growth, but at the same time they also generate dangers, unprecedented in nature and scope for human rights, democracy, and the rule of law. Governing the multiple challenges thus generated requires the intervention of regulation, by establishing and complying with voluntary ethical and legal norms. An instrument for regulatin...
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Exercitarea abuzivă a „dreptului de acces la internet”, mijloc de săvârșire a unor infracţiuni contra persoanei. Analiza hărţuirii în mediul online
Numărul 1 Anul 2024
In this article, aspects related to the abusive exercise of the „right to access the Internet” are analyzed from the perspective of committing crimes that affect the mental freedom of the person. Thus, the offense of harassment is studied in the mitigating version, regulated by art. 208 paragraph. 2 C. pen., being brought to light a series of interesting aspects regarding the need to amend the criminal legislation in order to align the ...
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Clarificări privind fondul funciar, Politica Agricolă Comună, reconstituirea proprietăţii funciare private
Numărul 1 Anul 2024
The successive reforms that determined an extensive reform of the Common Agricultural Policy, hereinafter referred to as the CAP, at the level of both Romania and the member states of the European Union (EU) were correlated with the newenvironmental requirements, and not only with regard to productivity.Thus, the rethinking of the Common Agricultural Policy reconsidered part ofthe development efforts in the sphere of th...
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Aspecte teoretice și jurisprudenţiale referitoare la liberarea condiţionată
Numărul 1 Anul 2024
The issues on parole release have always been in the legislator attention, on the one hand, and the judicial bodies, on the other hand, in order for them to find an equilibrium between the legal institution originated in no less than three legislative documents and the legal consequences which the parole release produces. From a theoretical point of view, this institution has for a long time ago been analysed by the doctrine in crimina...
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Daune-interese moratorii și daune compensatorii în contextul întoarcerii executării silite
Numărul 1 Anul 2023
The court’s disposition to return the forced execution, following the abolition of the enforceable title or the enforcement itself, leads to the creation of a new paradigm, in which the creditor of the forced execution, whose patrimony has increased, becomes the debtor of the obligation of restitution, to the debtor of the forced execution, who becomes – in turn – the creditor of the restitution obligation. The natural conseq...
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