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In the doctrine and in the specialized jurisprudence, the opinions of the specialists are unanimous in considering that this starting act of criminal prosecution has a special meaning in the general framework of actions having as object the solution of a criminal case. It supposes the immediate, direct and complete knowing of the place were the offence was committed.
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The search of computer systems must be analyzed together with the search of the residence as regulated by art. 100 of the Penal Procedure Code, taking into consideration the peculiar aspects that appear in the Law no. 161/2003. This law punishes both the facts against the computer systems as such and their content and those against the use of the computer systems as means of perpetration of an offence.
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The Law of safety and health at work no. 319/2006, in force from 1.10.2006, was adopted in order to ensure the observation of the obligations undertaken by Romania during the negotiations for the adherence to the European Union related to Chapter 13 Employment and social policy and takes in full the provisions of the Directive no. 89/391/CEE on the introduction of measures to encourage improvements in the safety and health of workers at work.
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In the judiciary practice recent situations were met, in which, either due to the lack of legislation or to a wrong interpretation of the law, the bearers of driving licenses retained as consequence of the perpetration of the offence for driving with a level of alcohol in blood beyond the legal limit, or even definitely convicted for such offences, as the decision of the final indictment was not transmitted to the Road Police by the Court, the measure of annulling the driving license and all complementary activities related to this administrative action were not accomplished.
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According to art.24, para.1 of the Penal Procedure Code the injured party is the person that suffered a physical, moral or material injury, as consequence of the penal offence, if it takes part in the penal trial. According to the text of the law, to have the quality of injured party it is not the kind of injury that matters; it is enough to ascertain there exist an injury and that injury was caused by the offence perpetrated. According to art.24, para.2 of the Penal Procedure Code, the civil party is the injured person that exercises the civil action in the frame of the penal trial.
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Analyzed in what its substance conditions are concerned, the starting of the prosecution is the act through which the penal prosecution organ, legally notified, on the basis of some evidences, about the perpetration of a crime incriminated by the penal law (positive condition), by means of a motivated resolution, orders the starting of the prosecution activity, after having made sure that none of the cases preventing the starting of the prosecution activity (provided in art. 10 of the Penal Procedure Code, except the case provided in art. 10, para.1, letter b of the Penal Procedure Code) (negative condition) is applicable.
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In the judiciary practice a number of problems appear related to the way of solving the civil proceedings initiated and executed exofficio. According to art.17 of the Penal Procedure Code, „civil proceedings starts and are executed ex-officio when the injured party is a person deprived of the exercise capacity or with a reduced exercise capacity. To this end, the prosecution or the court will ask the injured party to declare the extent of the material loss and moral damages, as well as data concerning the offences that generated them, though his legal representative or, where applicable, trough the person to which he entrusted the case. The Court is obliged to issue a resolution ex-officio on the repair of the loss and of the moral damages even though the injured party is not constituted as civil part”.
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The judicial assessment or the assessment of the activity of a magistrate is a relatively new topic in the debates in the judicial field. This topic has its origins in the change of the public perception about the place and role of the judiciary, according to which the courts are not considered anymore as organisms having exclusive powers to issue decisions, but also as organisms put at the service of the citizen, as suppliers of public services obliged to meet certain standards of quality and efficiency.
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The quality management assumes the existence of certain work standards capable to measure the quantity and the quality of the work and the time of execution of the work as well. This implies a dialogue with the personnel of the working unit, the examination of various statistical files, the use of adequate techniques for the quantification of the work (separation of charges in component parts and calculation of work time needed for each one), consideration of the rules and analysis of the risks of doing more work instead of being more efficient.
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Freedom is one of the fundamental rights of human beings. The right to freedom is recognized in several international documents: the Universal Declaration of Human Rights adopted by UN General Assembly on December 10, 1948, the International Covenant on Civil and Political Rights, ratified by Romania by the Decree no. 112/1974 which is considered a multilateral treaty, the European Convention on the Protection of Human Rights and Fundamental Freedoms, ratified by Law no. 30/1994. The content of international treaties underlines the idea that everyone has the right to liberty and security, can not be subjected to torture, degrading treatment or punishment, inhuman, can not be held in slavery, is entitled to respect for his private life, family, home and correspondence.
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Criminal liability of a legal person is a new and current institution in the Romanian criminal law and it requires attention and interest from the legal bodies.
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The author examines the implications of the Decision no. 1258 dated 8/10/2009 of the Constitutional Court which established the unconstitutionality of the general frame of the Law no. 298/2008 on the retention of data generated or processed by the providers of electronic communications services as well as of the amendment to the Law no. 506/2004 on the processing of personal data and privacy in the electronic communications sector.
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In general, investigation of criminal cases that imply foreign elements have a greater degree of difficulty and complexity. One of the problems often encountered in recent years is that of the presentation of the prosecuting material to the accused arrested in the territory of a foreign state, where he/she executes a custodial sentence.
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The authors address the undercover investigator's institution in terms of fair trial rights and the principles of the criminal trial, thus showing that limiting this right in certain circumstances and particularly in the case of hearing as a witness for the undercover investigator must be balanced by effective and efficient safeguards to ensure fairness and balance as appropriate. In their opinion authors criticize the current regulations of the hearing as a witness to the undercover investigator, in terms of constitutionality by actually showing some guarantees are lacking in this respect. It is claimed that witness protection should be effective and efficient but hiding the identity should be made only until the actual moment of the hearing and after the hearing by changing the residence, home, workplace, etc. The authors argue that the hearing should be made public and under real identity by ensuring the necessary and sufficient protection measures both physical and mental. Positive obligation of the state is truly achieved only if these conditions ensure the physical, physical and legal protection of the anonymous witness in line with the requirements of the other principles of law. In the case of the undercover investigator, he took some risks and is prepared and equipped to face them, including the case when hearing is made with the disclosure of the real identity and only in exceptional situations some protection is required. The authors make some interesting proposals de lege ferenda, bringing text connected arguments based on reason and on legal practice mainly of European Court but also of Romanian courts.
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In the category of measures that may be taken against foreigners, a central place is occupied by the declaration as undesirable for reasons of public order or national security.The process of declaring a foreign national as undesirable is commonly somewhat difficult because the institution itself has evolved
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Many prosecutors' offices face this situation: after the solution of not starting the penal prosecution of a case is taken, the injured party brings a new complaint with the same subject and same parties. Several solutions were proposed: a) to dismiss the complaint as inadmissible; b) to change the nature of the case and to register it as an usual complaint or as a claim against the solution; c) to consolidate it in the solution given previously.
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Civil proceedings, as a specific way of making justice, is presented as a series or complex set of documents whose content and method of performance are expressly provided by law. Failure to comply with procedural forms leads to the possibility of applying procedural sanctions, out of which the most important is the nullity.
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"The high taxes that have been imposed to the import of various kinds of goods in order to discourage their consumption, served only to encourage smuggling”, said Adam Smith, in The Wealth of Nations. Smuggling is an important catalyst in developing the economy. Many examples in our country: at the border with former Yugoslavia - fuel smuggling; at the border with Hungary – cigarettes and fuel smuggling and at the border with Ukraine and Moldova - cigarettes and fuel smuggling, phenomena that were developed in close connection with political and economic situation of neighbouring countries. The scourge of these large operations encourages the existing criminal groups and sustains development of new ones.
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