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Проблеми, свързани с приложението на чл. 277а от НК и чл. 278б от НК относно недвижимото културно наследство

Author(s): Daniela Doncheva / Language(s): Bulgarian Publication Year: 0

In the Criminal Code of the Republic of Bulgaria special texts are provided, explaining crimes against cultural and archaeological values, which are part of our cultural heritage. The texts are provided in Chapter Eight: “Crimes against the activity of governmental bodies, communal organizations and people executing public functions”, Section I “Crimes against the order of management”.The report offers a review of crimes pertaining to cultural and archaeological riches, the problems associated with their application and their reflection in the effectiveness of the protection of said communal relations. An analysis is made of the concepts used by the Criminal Code for formulation of the object of the crimes. Attention has been paid to the compositions of the different types of crimes and their punishment; the existing case law related to such crimes is discussed.

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Културните ценности като предмет на престъпления. Някои проблеми на наказателноправната защита на културното наследство

Author(s): Krassimir Manov / Language(s): Bulgarian Publication Year: 0

The protection of cultural heritage would be incomplete without criminal protection by criminalizing offenses on cultural values. Before the adoption of the Law on Cultural Heritage and the relevant amendment and supplement to the Criminal Code of 2009, Bulgarian criminal law settled schematically this matter. An attempt has been made then to establish a significantly more comprehensive system of crimes involving cultural values. However, a number of problems arise from the necessity to relate the concepts set out in the Law on Cultural Heritage to the individual elements of the crimes under the Criminal Code. For example: the concept of cultural value and the objects of crime; the conditions provided for carrying out various activities with cultural values and the definition of some offensive acts, consequences involving public hazards, etc.

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Свободата на религиозното самоопределение и наказателноправната ѝ защита в Република България

Author(s): Mariya Mihaylova / Language(s): Bulgarian Publication Year: 0

The report examines only one aspect of the criminal defence of freedom of religion in Bulgaria – the protection of the inviolability of religious churches, prayer houses, sanctuaries or adjoining buildings, their symbols and tombstones, which is provided in Art. 164, para. 2 of the Bulgarian Criminal Code. The question of when the subject of a criminal offense under Art. 164, para. 2 of the Criminal Code constitutes a cultural value under the Cultural Heritage Act has been examined. The manner in which this circumstance affects the responsibility of the perpetrator of the crime is analyzed.

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Придобиване на съкровище – вещноправни и наказателноправни аспекти

Author(s): Petya Konstantinova / Language(s): Bulgarian Publication Year: 0

The article seeks answers to some questions about the acquisition of a treasure in which there are movables that have a status of cultural values. From the point of view of property law, the questions about the essence of the acquisition method are examined. The rights and obligations of both the treasurer and the state under the Property Act and the Cultural Heritage Act are analyzed. From the point of view of criminal law, attention is paid to the means of combating and countering, adopted by the European criminal law systems, in view of international standards concerning crimes against cultural values. The aim is to make a distinction between crimes where cultural values are the subjects of violation and the text outlined within the system of crimes against property in Art. 208, para. 4 of the Criminal Code pertaining to objects with cultural value contained in a treasure.

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Use of Undercover Investigators and Collaborators in Investigating Corruption Offenses

Author(s): Nadia Zlate / Language(s): English Publication Year: 0

Corruption is a threat to the stability and security of societies, undermining democratic institutions and values, ethical values and justice, and compromising sustainable development and the rule of law. Art. 19 of the United Nations Convention against Corruption, adopted in New York on 31 October 2003, recommends that States parties consider the adoption of legislative and other have been committed intentionally, the act of a public official abusing his functions or position, for example to perform or refrain from performing, in the exercise of his functions, an act in violation of the law, in order to obtain an improper benefit for himself or for another person or entity. The emergence of the legal framework governing the activity of undercover investigators was unanimously determined by the need to fight atypical forms of crime, which carry out their activity in an organized and “hermetic” way, so that the activity of proving criminal acts by normal methods becomes especially difficult, if not impossible. The objectives of using the undercover investigator or the collaborator are to obtain data and information about the criminal activity, to obtain evidence that will be used in the criminal process. In practice, the undercover investigator or collaborator may carry out activities to establish whether the crime of which a person or an organized criminal group is suspected has been committed, is in progress or in the preparatory phase, identification of members of the group of offenders, identification some accomplices, the identification of witnesses, the identification of the places where the goods from the crimes are hidden, the identification of the places where the victims of the crimes are, the specification of propitious moments for carrying out searches or arrests, etc.

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Abuse in Service in the Context of Adoption Decision of the Constitutional Court of Romania no. 405 of June 15, 2016

Author(s): Alexandru Peicea / Language(s): English Publication Year: 0

Abuse in service is, in the current legal system, a topic of interest, especially after the adoption of Decision no. 405 of June 15, 2016, pronounced by the Constitutional Court of Romania. It ruled that an act constitutes the crime of abuse of service only in so far as by the phrase “in a defective manner” we mean “in breach of the law.” Through this decision, the Constitutional Court of Romania also ruled that the phrase “in violation of the law” implies that a person (suspect or defendant in a criminal case) violates a primary rule of law. By primary norm we mean Government Ordinance or law adopted by Parliament. No primary rules of law regulations, ministerial orders, duties in the job description in an employment contract.

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Some Aspects regarding the Crime against Humanity

Author(s): Valentina Avramescu / Language(s): English Publication Year: 0

The crime against humanity is also part of the category of international crimes. The paper briefly presents the evolution of these illicit deeds, as well as the transition from the theory of international law to the practical approach. Serious deeds define this category of crimes that affect both people's life and physical and mental integrity. One of the conditions of crime against humanity is the civilian population, against which the attack is directed. An important role was played by the International Military Tribunal at Nuremberg, which tried the Trial of the Main War Criminals, paving the way for establishing an International Criminal Court with unlimited jurisdiction in The Hague.

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Psychological Description of Serial Killers

Author(s): Nicoleta-Elena Heghes,Cristina-Gabriela Schiopu / Language(s): English Publication Year: 0

Serial crimes have always had a strong impact on society and added more complexity to the legal investigative systems. Beyond that negative impact, history has documented with fascination those cases and the name of some killers remain in the memory of society and law with strong reverberation. Maybe an even more complexity is added in these cases, to the psychological and psychiatric examination of the offender, starting from the psychological autopsy, profiling of the killer and the actual examination of the guilty. Psycho-analysis in these cases follows the legal investigation closely as it starts from the first details of the case, the study of the biography and forensic evaluation of the victim, analysis of the operational pattern, estimations of possible motivation of the crimes and finally releasing a profile for the possible murderer. As complex as a serial murder can look and as hard as the investigation may go, psychological profiling and analysis can bring one of the best chances of prevention, if done in the most efficient and correct way. As such, this paper proposes a review of psychological and forensic concepts about different aspects of serial murders and murderers.

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The Forensic Expertise as a Probative Procedure Used in the Criminal Proceedings in Romania

Author(s): Adrian Cristian Moise / Language(s): English Publication Year: 0

The article presents and analyzes aspects related to the disposition and performance of the forensic expertises in accordance with the criminal procedural legislation in Romania. The article presents and analyzes aspects of forensic tactics related to the disposition and performance of the forensic expertise in accordance with the criminal procedural legislation in Romania.

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Self-defense and Its Limits in Romanian Legislation

Author(s): Robert Şerbănescu / Language(s): English Publication Year: 0

From its beginnings, the human being has known the phenomenon of aggression, especially among members of the species, against the background of the ease with which certain primary needs could be met. This led to the need for a tailored response against constant attackers who threatened the proper conduct of the individual’s life, which is why these defense mechanisms were coded in the genetic structure and passed down from generation to parent. With the emergence and development of human societies, as social roles became more hierarchical, tribal leaders were forced to find ways to control human impulses. Thus, during the evolution of the human species, legal norms have been developed to regulate social relations in ways that ensure peace, collaboration and mutual aid between citizens. However, due to the longtime of individual human existence compared to the new form of social organization, these animal instincts could not be completely eliminated, which is why the state offers citizens the opportunity to act with some degree of aggression. The article aims to analyze in detail the factors that determined the need for the Romanian state to allow aggressive behavior in the form of self-defense in response to existing social dangers and how this permission is legislated in legal norms belonging to the Romanian Criminal Code.

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Some Methodological Elements for Investigating Corruption Offences

Author(s): Cosmin Butură / Language(s): English Publication Year: 0

Corruption arose from the moment when the need for a leader, guide, idol, etc., to ensure the proper functioning of a community arose. According to the statements of the great literary geniuses, who expressed their opinion on humanity in their works, a person is limited, as a result he cannot exceed the limits endowed by mother nature. This article will focus on the subject of the crime of corruption from the perspective of forensic investigation by going through different methodological elements in this regard. The first part of the article will present some preliminary considerations related to the provenance of corruption, some aspects related to the regulations of the corruption offense at European and national levels. The article will analyze the general criteria of forensic investigation of corruption represented by indices and problems related to the criminal investigation. Another sub-point framed in the article will be the finding of the flagrant offense consisting of elements such as the procedure of preparation for the finding of the crime, the essential problems, the composition of the investigation team, the forensic traps and the actual realization of the action. In the end, this article will explore tactics of carrying out other acts of criminal prosecution, represented by peculiarities in hearing the suspect, hearing the injured party, conducting confrontations and peculiarities regarding the search on computers.

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The Psychology of Guilt in Criminal Law: A Comparative Review of Romanian Legal Aspects

Author(s): Nicoleta-Elena Heghes,Cristina-Gabriela Schiopu / Language(s): English Publication Year: 0

Criminal law is based on a subjective characterization of an objective act. The dichotomy of the concept is the very base of the investigation process and, at the border of the two notions, stands the forensic psychiatry. It adds quality to quantity by constructing arguments and building a strong foundation for the undeniable definition of the criminal offence: guilt. If law analyses facts as quantitative manifestation of an antisocial activity, the psychological meaning of the guilt is dissected in a complex lexical and scientific family of equivalent aspects. Discernment, intent, responsibility, motivation, motive are constructs of environmental and internal cognitive and emotional influences that align into proportional connections, characterizing guilt, which implies past, present and future implications of a criminal offence.

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Considerations on Some Adverse Decisions of the Constitutional Court and their Impact on the field of Justice in Romania

Author(s): Bogdan David / Language(s): English Publication Year: 0

The present study brings to the attention of specialists in the field of legal sciences the inaccuracies of the decisions with identity of object to the Constitutional Court of Romania and the decadent consequences that they create. We also want to emphasize that the decisions of this high legal institution must harmonize from a legal point of view, judicial practice and the doctrine of this field in relation to multiple situations and not isolated legal situations, because it can create erratic and palliative situations that may have negative consequences on the Romanian criminal legislation.

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Perspectives in Criminology

Author(s): Nelu Dorinel Popa / Language(s): English Publication Year: 0

In order to further prove its relevance and impact on other fields, criminology needs to follow some trends and, at the same time, create chapters that respond to the needs of society. In other words, the science of criminology has an interdisciplinary and dynamic character, developing with society. However, there is currently no consensus on its future. Instead, discussions are taking place about the direction it may take, whether it is about how the subject should be taught in universities or which areas of criminology should gain importance in the coming years. This article will therefore provide a brief analysis of the future of criminology, seen through the prism of possible scenarios and future areas within criminology.

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The Offense of Destruction with Basic Intent Committed by Participants in Sports Life

Author(s): Nicoleta-Elena Heghes / Language(s): English Publication Year: 0

This article analyzes one of the offences committed by athletes or fans through negligence, namely Destruction with basic intent, an offence that is part of the group of Offenses against property provided for in Title II, art. 255 of the Romanian Criminal Code. During sports competitions or after their completion, some athletes or some supporters resort to actions of vandalism of stadiums, sports arenas, shops, bars, street furniture, parked cars, etc. They use pyrotechnic materials prohibited by the current regulatory framework, throw various objects on the field including broken seats from the

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Правна проблематика на заплашването при договаряне. Заплашването в избрани престъпни състави

Author(s): Vasil Iliev / Language(s): Bulgarian Publication Year: 0

In this article the author interprets Art. 30 of the Law on Obligations and Contracts (LOC), with the purpose to address the problems connected with its application. The formation of declaration of will under duress, one the one hand, and some selected crimes that include the threat as part of the legal requirements, on the other, will be compared.

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Observații privind săvârșirea infracțiunii de către o persoană care a profitat de situația prilejuită de calamintate, starea de urgență sau starea de asediu

Author(s): Victor Andrei Cărcăle / Language(s): Romanian Publication Year: 0

The views expressed below are intended to contribute to clarifying the problem of the commission of an offence by a person who has taken advantage of the situation arising from the state of emergency, state of emergency or state of siege (Article 77(g) of the Criminal Code), which gives rise to conceptual, theoretical and practical difficulties in the current context. This is why, in the following pages, we will point out that the legally qualified aggravating circumstances are, as is well known, of two kinds: general, provided for in the general part of the Criminal Code, and special, provided for in the special part about certain offences. In support of this idea, we point out that in judicial practice the question has arisen as to whether, if a person commits a theft with a sanitary mask on his face, the aggravating form of the offence will apply to him on conviction? In conclusion, we maintain that the legislator has considered that, not only in the case of certain offences but in general, whatever the offence committed, if the perpetrator has committed it by taking advantage of the state of emergency or curfew, this must be considered an aggravating circumstance.

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From the Borderless Digital Chambers to Prison’s Four Walls After Committing Personal Data Unlawful Acts

Author(s): Larisa-Mădălina MUNTEANU / Language(s): English Publication Year: 0

This paper represents a concise comparative presentation of how and why can imprisonment be a penalty in different legal systems when committing cybercrimes that affect personal data. Yet, since personal data is closely linked to cybersecurity (especially in cases of non-compliance with regulatory standards), the subject matter herein will focus on the subsequent relationship between personal data and cybercrimes, but from a peculiar perspective - how impactful unlawful acts can be so as to result in criminal convictions. It relies, therefore, on a symbiosis of acknowledging where personal data sits in the cybercrimes’ ecosystem and applying this to the most threatening cases identified by global regulators. In this context, the current research is contingent on mirroring the major legal models worldwide, based on which these offences are sanctioned with imprisonment. It is utterly thought-provoking to analyse how the contrasting legal provisions are driven by a common goal: preventing cybercrimes or, as the case may be, minimising their consequences. All these differences have, essentially, homogenous values at a foundational level. Particularly, that foundational level is the research core of this paper.

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Opening Statements in Criminal Procedure

Author(s): Ismail Zejneli,Betim Jahja / Language(s): English Publication Year: 0

Before proceeding to the presentation of concrete evidence, according to the CPL, opening statements must be presented. The trial begins with the opening statements. The plaintiff speaks first, then the defence counsel or the defendant. However, the defendant shall have the right not to give an opening statement. The earlier procedural provisions stipulated that the main trial begins with the reading of accusation. The provision of the CPL which is now in force provides for opening statements and stipulates that the main trial begins with the holding of opening statements. According to the principle of officiality, the charge expresses the function of prosecution - nemo iudex sine actore. Since the legislator relates the initiation of the main trial with the opening statements, and since the public prosecutor gives the opening statement first, it is implied that in that case he reads the bill of indictment. Something like that indirectly results in the case where after the plaintiff's opening statement, the presiding judge shall ask the defendant if he or she understands the accusation. In the opening statements, the parties may present which are the decisive facts they intend to prove, they may speak about the evidence that will be presented and establish the legal issues that are going to be subject of deliberation. In this regard, the parties in the opening statements can refer to admissible evidence, the law in force and can use tables, diagrams, transcripts of tapes allowed by the court, summaries and comparisons of evidence if they are based on admissible evidence, as well as enlargement of their specimens to demonstrate or present to the court as an illustration. In the opening statements, presentation of facts regarding any prior convictions of the defendant shall not be permitted as part of the statements nor shall the parties not be allowed to comment on the allegations and proposed evidence by the other party.

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The Crime of Money Laundering Committed by the Author of the Principal Crime. The Consequences of Decriminalization

Author(s): Cristinel Ghigheci / Language(s): English Publication Year: 0

By Decision of the Constitutional Court of Romania no. 418 of 19.06.2018, it was ruled that the author or co-author of the main crime, the accomplice or instigator of the main crime (delictum principale), from which the dirty money comes, cannot be an active subject of the crime of money laundering (delictum subsequens), when the latter crime is committed in the normative version of acquiring, holding or using money or assets. After the pronouncement of this decision, some courts found that the committed act is decriminalized, without analyzing whether the concrete act for which the author was convicted falls under another normative variant of the crime of money laundering. The study analyzes if this is possible in the procedural framework of the appeal to execution in criminal matters. The issue is important because the rejection of the appeal to execution, on the grounds that the act falls under another variant of the crime of money laundering, has no consequence on the order to confiscate the proceeds of the crime.

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