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The "Ne bis in idem" is a principle of law which, regulated within the international legal instruments, guarantees not only the conduct of a fair trial in the territory of each signatory state1, but also the existence of real judicial cooperation and mutual recognition of legal systems operating on the basis of democratic principles. The judicial practice of the European Court of Human Rights and the Court of Justice of the European Union has crystallized this principle and turned it into a "cornerstone" for the Union law, while also functioning as a mechanism for regularizing dysfunctions, such as incorrect or incomplete transposition of the provisions of directives or framework decisions into the national law.
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Today’s society is characterized by an unprecedented development of information and communication technology. Today, the computer is used in all areas of social life. Informatic systems are used not only in banking and financial systems, but also in the field of population records. Thus, there have been difficulties from a technical point of view in the field of identification and registration of the natural person in the situation where, for example, there are two or more persons within the same locality who have the same last name and first name or reside in the same locality. These haveimposed the need to create a new element of differentiation of individuals: the personal numerical code. Starting from these considerations, the current paper aims to debate the procedure for granting the CNP and tries to answer the question if this can or cannot be considered as an attribute for identification of the natural person together with the name, domicile and civil status.
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Prior to the entrance into force of the Civil Code in 2009, the assignment of the contract was not legally stated. The varied needs of legal life have required in contractual practice the creation of various particular applications of contract assignment. In the law of special civil contracts was created the operation of assignment of the lease contract or the assignment of pre-contracts for the sale of residential spaces that real estate developers undertook to build or vice versa, the assignment of contracts by real estate developers.In the field of business, Law No. 31/1990 organizes the division and merger of companies, as operations through which the transfer of activities between companies is carried out (Art 238 Para. 2) and the contractual business practice has created the operation of transfer of assets (also called transfer of goodwill or transfer of business) through which a production section or a certain economic activity is transferred to another company.
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Finally, we have come to talk publicly about domestic violence, but we are talking about it in an outdated approach, in which the man comes home from work and beats his wife. But we all know that today the realities are much more complex”. Research in the field is increasingly demonstrating that domestic violence does not only consist in the exercise of acts of physical aggression. In reality, domestic violence often materializes in an approach of terror and permanent oppression that may include acts of control, psychological, economic, physical and sexual abuse. This form of abuse, known as coercive control, aims to bring the partner or former partner into a state of dependence, of total subordination to the aggressor, a situation in which the victim's freedom of action is greatly diminished, if not suppressed, the felt effect being "captivity". At the international level, the incrimination of coercive control in national legislations is increasing, in the context in which recent specialized studies more and more highlight the danger of this behavioral pattern. The usefulness and urgency of such an incrimination are also revealed by the analysis of the case law on homicide crimes committed between family members, coercive control being, not infrequently, a predictive factor of lethal violence.
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The intelligence services and the criminal investigation bodies certainly have distinct attributions, regulated by special laws and the Code of Criminal Procedure, the intelligence activity having a secret character, while the criminal investigation activity is non-public. However, the bodies with responsibilities in the field of national security, through their workers, may carry out restrictive criminal prosecution acts provided by law only on the basis of the prosecutor's delegation and only in cases involving crimes against national security or terrorism, their role in other criminal cases being that of notifying the competent bodies about the data and information they have, regarding the preparation or commission of an act provided by the criminal law. The realities of contemporary society have imposed the need for intelligence services and prosecutors to work together under the law, but also in an informal manner, in order to combat organized crime, a phenomenon that transcends national borders and globally affects the society.
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In this article the author analyzes the difficulties encountered during the administration of electronic evidence in criminal proceedings and presents the solutions identified to facilitate cooperation with internet service providers.
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Permanent concern for compliance with occupational safety and health legislation, analysis of the criminal phenomenon and knowledge of judicial practice in criminal matters, which infringes the social values represented by the safety and health of workers in an employment relationship.
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In this article, the author briefly presents Chapter VI of the Code of Criminal Procedure, with reference to the legal provisions on the four types of search that can be carried out under the Romanian law, and explicitly addresses the search of a vehicle. The topic is analyzed both in terms of the provisions provided in the Code of Criminal Procedure, and according to those provided in the special law, respectively Law no. 218/2002, republished. Finally, reference is made to non-compliance with the formal conditions regarding the search of a vehicle by not drawing up the search report and a possible incurring of criminal or other liability of the body carrying out the respective activity is discussed.
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As regards the interpretation and application of the provisions of art. 55 para. (1) of Law no. 4/1953 - Family Code, republished, with subsequent amendments and completions, by reference to the provisions of art. 54 para. (2) of the same code, as a result of the effects of the Decision of the Constitutional Court no. 349 of December 19, 2001, published in the Official Journal of Romania, Part I, no. 240 of April 10, 2002, the action of denial of paternity, brought by the child born during the marriage, is imprescriptible.
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1. According to art. 541 para. (2) Code of Criminal Procedure, the action for repairing the damage may be filed within 6 months from the date of finality of the court decision, as well as the ordinance or decisions of the judicial bodies, which established the judicial error, respectively illegal deprivation of freedom. The establishment of the moment from which the prescription term of 6 months runs is clear and does not involve interpretations, this moment being the date of finality of the court decision, as well as of the ordinance or conclusions of the judicial bodies, by which the judicial error was found, respectively illegal deprivation of freedom. Extinctive prescription is a sanction targeted against the passivity of the holder of the subjective civil right or of another legal situation protected by law, that under the law, will no longer be able to obtain its judicial protection by exercising the material right to action. In the present case, the limitation period began to run from the date of the order of the Court of Appeal of Rome - Criminal Section IV, which established that the offense for which the European mandate was requested is not covered by the double criminality condition, as the offense of fraud with checks is a variety provided only in the Romanian law, not constituting a crime under the Italian law, so that illegal arrest is closely linked to the invalidity of a European arrest warrant, compared to Framework Decision no. 584/2002/JHA. 2. With regard to the legal classification of the plaintiff's claims, based on the provisions of art. 539 and art. 541 of the Code of Criminal Procedure, the Romanian State, through the Ministry of Public Finance, has a passive procedural capacity. In the analysis of the liability based on the provisions of art. 539 of the Code of Criminal Procedure, the passive procedural quality is subsumed to a special procedure by which the person who considers himself injured by a procedural act committed in violation of the law can ask the state to cover the material or moral damages suffered. In these conditions, as the guarantor of the legality and independence of the judiciary, the Romanian State is responsible for the harmful consequences of its judicial activity, which it organizes and conducts, respectively for the harmful consequences produced in carrying out the specific activities of judicial bodies, and, consequently, is the entity that is in the process of recognizing these rights, which justifies its legitimacy as the defendant in question.
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The Romanian Intelligence Service is not and was not a judicial body, so it did not have the general competence to carry out criminal prosecution acts, so that a general non-competent body is always material/functional incompetent, the sanction of absolute nullity being unequivocally imposed.
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Telephone interceptions, interception of the applicant and searching his office are interpreted as an interference with the law protected by art. 8 of the Convention. In order to comply with the Convention, such interference must meet the requirements of art. 8 § 2, respectively: to be provided for by law, to pursue one or more legitimate purposes in the light of this paragraph and to be necessary in a democratic society. As regards the condition that 'interference is necessary in a democratic society', according to the settled case-law of the Court, the Contracting States have a certain margin of appreciation in estimating the existence and extent of such a need, but that margin is doubled by a European control that covers both the law and the decisions that apply it, even those handed down by an independent court. Irrespective of the supervisory system, the Court must be satisfied that there are adequate and sufficient safeguards against abuse. This assessment is of a relative nature and depends on all the circumstances of the case, such as the nature, scope and duration of the measures, the reasons necessary for their disposal, the competent authorities that allow, to carry them out and control them, the remedies provided by the national law. The proportionality of the measure of search and taking of evidence must be examined in the light of the specific circumstances of the case, by applying the following criteria: the seriousness of the offense against which the measure was ordered, the manner and circumstances in which the warrant was issued - especially the question of whether other evidence was available at that time - the content and scope of the warrant - taking into account in particular the nature of the searched places and the safeguards taken to ensure that the measure remains reasonable in terms of its effects - and the extent of the possible repercussions on the reputation of the searched person. The technical supervision measures taken in respect of the applicant were not proportionate due to their intrusive and constant nature and their prolongation over a considerable period of time.
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Art. 4 of Protocol no. 7 of the Convention prohibits the prosecution or double trial of an “offense” in so far as it resulted from identical facts or facts that were substantially the same. In the cases that put into question art. 4 of Protocol no. 7, it must be determined whether the national measure in question, analyzed in substance or in effect, has imposed a double burden to the detriment of the person in question or whether, on the contrary, it is the result of an integrated system for dealing with various aspects in a predictable and proportionate manner, forming a coherent whole, so that the individuals concerned do not bear an exorbitant load. The purpose of art. 4 of Protocol no. 7 is to prevent the injustice resulting from the fact that a person is prosecuted or punished twice for the same incriminated behavior. However, it does not prohibit legal systems that adopt an integrated approach to antisocial acts, in particular an approach that involves parallel proceedings, in legal response to wrongdoing, by different authorities and for different purposes.
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moderation Meets the constitutive elements of the disciplinary violation provided by art. 99 lit. a) of Law no. 303/2004 on the status of judges and prosecutors, republished, with subsequent amendments and completions, the conduct of the judge regarding the post on a social network of a comment in which he expressed in an unprincipled manner, inappropriate to the status of magistrate, which was likely to questions the credibility of some state institutions, suggesting that they are politically controlled, while presenting the possibility of the army "going out on the street" as a "solution" to guarantee constitutional democracy. It also circumscribes the constituent elements of the above-mentioned misconduct and the judge's comment: "Behold, this prosecutor with blood in the facility openly speaks about dangerous criminals at large, about bad ideas of governments in amending the justice laws, about lynchings against magistrates", posted on the same social network, with reference to an article published on a press site, motivated by the fact that it uses a language that far exceeds the limits of decency and even more so the limits imposed by the status of magistrate. Defending the judge in the sense that the post is not related to his activity as a judge, but to his concerns as a citizen, does not remove disciplinary liability given that a magistrate must show and caution in expressing their views both in the exercise of office and in private life, precisely in order not to create a negative public perception regarding the impartiality, independence and prestige of the judiciary.
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Alleged member of Ansar Eddine, a movement associated with Al-Qaeda in the Islamic Maghreb, at the head of the Hisbah or “Brigade des moeurs” until September 2012 and associated with the work of the Islamic Tribunal in Timbuktu, Ahmad Al Faqi Al Mahdi was convicted, as a co-perpetrator, of the war crime of intentionally directing attacks against buildings of a religious and historical nature located in Timbuktu, Mali, in June and July 2012, to nine year imprisonment.
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