School PRONews Magazine

I. DOCTRINE

• Andrei Zarafiu, Giulia Șologon – Challenges, Limits, and Controversies in the Confiscation Procedure in Cases of Dismissal (pp. 9–35)
• Clement-Mihai Resmeriță – The Offense of Illegal Access to an IT System in the Case of Querying a Database by Exceeding Authorization Limits. Judicial Practice and Commentary (pp. 36–53)
• Vlad Crăciun – Annulment of Marriage and Domestic Violence (pp. 54–66)
• Vlad-Nicolas Ulici – The Offense of Using False Documents at the Customs Authority. The Need to Criminalize an Extended Application of the Intellectual Theory of Forgery (pp. 67–90)
• Cristina-Laura Brici – Ne bis in idem. Obligations Imposed on National Courts Arising from the Case Law of the Court of Justice of the European Union (pp. 91–113)
• Bianca-Mihaela Neacșu – Recognition and Enforcement of a Criminal Judgment Rendered in Romania by a Member State of the European Union (pp. 114–134)
• Oana Bugnar-Coldea – Art. 10 of Law No. 241/2005 on the Prevention and Combating of Tax Evasion. Consequences of Failing to Draw Up the Expert Report (pp. 135–145)

II. CASE LAW

• Cristian-Valentin Ștefan – (I) Judicial Individualization of Penalties, in Terms of Their Duration. (II) Unlawful Deprivation of Liberty Committed by Endangering the Victim’s Life (pp. 146–164)

I. DOCTRINE

• Lucian Criste – Referral to the European Court of Human Rights for the Issuance of an Advisory Opinion (p. 9–28)
• Raul Alexandru Nestor – Recognition and Guarantee of the Confidentiality Privilege in National Legislation on Combating Money Laundering (p. 29–56)
• Alin Chifor – The Relationship Between the Crime of Entrusting a Vehicle and Involuntary Manslaughter (p. 57–80)
• Lavinia Gabriela Zdrob – Double Criminality in Judicial Cooperation in Criminal Matters at the European Level (p. 81–104)
• Vlad Nicolas Ulici – The Equivalent of Article 7 of Directive 2013/40/EU in Romanian Criminal Law: Obstacles in Transposing the Obstruction Offense (p. 105–119)
• Cristian Andrei Ciornea – Ratio legis obscurus est – Perspective on the Crime of Misappropriation in Public Tenders (p. 120–129)
• Diana Andreea Ardelean – (In)Utility of Article 4 of Law no. 241/2005 for the Prevention and Combat of Tax Evasion (p. 130–141)
• Cristian Valentin Ștefan – The Role of Chief Prosecutor of the Judicial Section at the Prosecutor’s Office attached to the Târgu Mureș Court of Appeal, 2017–2022 (p. 142–164)

I. DOCTRINE

• Gabriela Ligia Groza – Infanticide as a Result of Unawareness of Pregnancy (p. 9–28)
• Lucian Criste – Some Considerations Regarding the Verification of the Competence of Criminal Investigation Bodies (p. 29–47)

II. CONFERENCE

• Eduard Gabriel Levai – A Grand Plan in a Prudent Tone – Directive (EU) 2024/1260 on the Recovery and Confiscation of Assets (p. 48–73)
• Mihai Ștefan Ghica – The Subjects of Abuse of Office (p. 74–129)
• Georgian Marcel Husti – Solutions to the Problem of Criminal Liability for Autonomous Technologies (p. 130–150)

III. JURISPRUDENCE

• Bogdan Mihai Dumitru – The Possibility of Replacing or Revoking a Preventive Arrest Measure Ordered in Absentia (p. 151–157)

I. DOCTRINE

• Daniel Atasiei, Mirela Mihaela Apostol – Preventive Measures in Cases of Referral of the Case Back to the Prosecutor (p. 9–26)
• Cristian Vlad Drăjan – Aspects Related to Mistake of Fact Regarding the Constitutive Elements of an Offense (I) (p. 27–62)

II. CONFERENCE

• Ciprian Coadă – The Impact of the Statute of Limitations on Criminal Liability on the Right of Victims of Human Trafficking to a Fair Trial (p. 63–107)

III. JURISPRUDENCE

• Ioana Curt – Lack of Causation. Application of Causation Theories in a Case Involving the Death of a Traffic Police Officer in the Official Motorcade of the Minister of Internal Affairs (p. 108–130)
• Lucian Criste – Observations Regarding a Decision to Refer the Case Back to the Prosecutor on Appeal (p. 131–145)
• Gabriela Ligia Groza – Is Concealing Pregnancy a Reason to Consider Premeditation in Domestic Violence Cases Involving Filicide Committed by the Mother Against the Newborn? (p. 146–155)

I. DOCTRINE

• Cristian-Vlad Drăjan – Aspects Related to Mistake of Fact Regarding the Constitutive Elements of an Offense (II) (p. 9–45)

II. CONFERENCE

• Laurenţiu-Vasile Negrean – Modes of Committing the Offense of Money Laundering under Art. 49 of Law no. 129/2019 (p. 46–80)
• Gabriela Ola – The Incidence of the Principle of Legality of Criminalization and Punishment in the Context of Modifying the Rules for Applying the More Favorable Criminal Law, as Imposed by the Court of Justice of the European Union Through Preliminary Rulings (p. 81–111)
• Diana Lucaciu – Brief Considerations Regarding Certain Categories of Vulnerable Persons (p. 112–149)
• Claudia-Cristina Povăliceanu – Effects of Drug Consumption on Criminal Liability (p. 150–185)

III. JURISPRUDENCE

• Anca Ioana Negru – Observations Regarding a Judgment Ordering the Transfer of a Case Based on the Objective Criterion (p. 186–193)

I. DOCTRINE

• Sergiu Bogdan, Laurențiu Vasile Negrean – Application of the Institution of the Statute of Limitations for Criminal Liability from the Perspective of the Jurisprudence of the Constitutional Court of Romania and the High Court of Cassation and Justice (p. 9–26)
• Oana Bugnar-Coldea – The Offense of Tax Evasion under Art. 9 para. (1) lit. c) of Law no. 241/2005. “Classic” Mechanisms, Problematic Solutions (p. 27–40)
• Flavius-Bogdan Puie – VAT. Carousel Fraud in the European Union (p. 41–66)
• Ronaldo-Denian Florea – Poor Detention Conditions as an Obstacle to Executing the European Arrest Warrant (p. 67–81)
• Daria Achim – In Absentia Trial at the European Law Level. Comparison with Domestic Law (p. 82–93)
• Diana-Andreea Ardelean – Difficulties in European Judicial Cooperation in In Absentia Trials (p. 94–105)
• Cristian-Andrei Ciornea – In Absentia Judgment at the EU Level. Procedural Guarantees (p. 106–118)

II. JURISPRUDENCE

• Oana Bugnar-Coldea – Tax Evasion. Failure to Record in Accounting or Other Legal Documents the Operations Performed or the Income Obtained. The Notion of Legal Documents. Calculation of Prejudice. Non-Registration of Income but Declaration to Tax Authorities. Continuous, Repeated Form of the Offense (p. 119–131)
• Anca-Ioana Negru – Violation of the Principle of Loyalty. Threatening the Witness by the Prosecutor and Criminal Investigation Body During the Criminal Investigation Phase (p. 132–146)
• Bogdan Mihai Dumitru – Compulsory Medical Treatment After Issuance of a Dismissal Decision. Necessity of Procedural Standing as Suspect or Defendant (p. 147–153)

I. DOCTRINE

• Mihail Udroiu, Mihai Popa – Prolegomena on Unfair Stratagems in Evidentiary Criminal Procedures (p. 9–30)

II. CONFERENCE

• Laurențiu Vasile Negrean – Problematic Aspects Regarding the Active Subject of the Offense of Money Laundering (p. 31–56)
• Cătălin Marin – Resolution of the Preliminary Chamber Procedure Following Initial Debates (p. 57–98)
• Diana Lucaciu – Illegal Removal of Organs or Tissues from a Deceased Person (p. 99–124)
• Ștefana-Iuliana Sorohan – Liberty-Depriving Educational Measures – A Jurisprudential Perspective (p. 125–153)
• George Cristian Ioan – Some Specific Situations Regarding the Plurality of Offenses in the Case of Minors and the Regime of Extension or Replacement of Educational Measures (p. 154–178)

III. JURISPRUDENCE

• Dan Lupașcu, Cătălin Marin – Violation of the Special Competence of the National Anticorruption Directorate. Inapplicability of Art. 50 para. (2) of the Criminal Procedure Code During Criminal Investigation (p. 179–185)
• Cristian Valentin Ștefan – Preliminary Chamber Issues in Tax Evasion Offenses (p. 186–195)

I. DOCTRINE

• Mihail Udroiu, Mihai Popa – Sanctioning Unfair Evidence (p. 9–30)
• Mihail Udroiu – Ex Post Control of the Legality of Evidence Obtained from Activities Specific to Information Gathering (p. 31–53)
• Cristian Valentin Ștefan – Issues Related to Precautionary Measures in Tax Evasion Offenses (p. 54–62)
• Lucian Criste – Some Considerations Regarding the Delegation of Judicial Authorities (p. 63–81)
• Clement Mihai Resmeriță – Some Considerations Regarding the Prosecution of the Offense of Abuse of Office (p. 82–95)

II. CONFERENCE

• Ciprian Coadă – Some Considerations on the Impact of the Decision of the Romanian Constitutional Court No. 176 of 24 March 2022 on the Special Confiscation Measure of Certain Excise Tobacco Products from Smuggling (p. 96–122)
• Claudia Cristina Povăliceanu – The Minor, Passive or Active Subject of Drug Trafficking? Analysis of the Special Aggravating Circumstances Regulated by Art. 13 para. (1) letters c) and d) of Law No. 143/2000 on the Prevention and Combat of Illicit Drug Trafficking and Consumption, with Comparative Law Aspects (p. 123–152)

III. JURISPRUDENCE

• Ionuț Borlan – Limits of Application of Decriminalization in the Case of the Continued Form of the Assimilated Smuggling Offense (p. 153–169)

I. DOCTRINE

• Lavinia Valeria Lefterache – The Effect of Legislative Amendments on Offenses Against Sexual Freedom and Integrity on the Criminal Liability of Minors (p. 9–23)
• Gheorghiță Mateuț, Lucian Criste – Resumption of the Preliminary Chamber Procedure (p. 24–36)
• Adrian Stan – Consumption of Alcohol or Other Psychoactive Substances After a Traffic Accident. Brief Opinions on a (Re)criminalization (p. 37–59)

II. CONFERENCE

• Dorel Herinean – Unity of Offense and Legal Person. Specific Conditions (p. 60–71)
• Ana Neagoe – Toward a New European Union Policy on Asset Recovery and Confiscation? (p. 72–109)
• Georgian Marcel Husti – Artificial Intelligence Systems from the European Union Perspective. Implications in Criminal Law (p. 110–138)

III. JURISPRUDENCE

• Cristian Valentin Ștefan – Appeal. Non-Aggravating Effect. Violation (p. 139–146)
• Bogdan Mihai Dumitru – Application of the Principle of Res Judicata in the Case of Preventive Detention (p. 147–160)

I. DOCTRINE

• Lucian Criste – Review of Precautionary Measures in Criminal Proceedings (p. 9–30)
• Laurențiu Vasile Negrean – The Institution of Complicity from the Perspective of the Completion of the Offense (p. 31–47)
• Ioana Narcisa Anițulesei – Refusal or Evasion of Biological Sample Collection. Theoretical and Practical Aspects (p. 48–75)
• Alin Chifor – The Offense of Entrusting a Vehicle to Be Driven on Public Roads (p. 76–90)
• Radu Bogdan Călin – Contradictoriality in the Criminal Investigation Phase. Lawyer Assistance in Conducting Criminal Investigation Acts (p. 91–105)

II. JURISPRUDENCE

• Răzvan Anghel – Change of Legal Classification on Appeal. Definition of Cruelties and Referral for Re-trial. A Critical Note on Criminal Decision no. 1618/A/2021 of the Cluj Court of Appeal (p. 106–116)

I. DOCTRINE

• Andreea Daniela Năstasie – Conditional Release. Specific Issues (p. 9–31)
• Raul Alexandru Nestor – On the Admissibility of Returning the Case to the Prosecutor After the Conclusion of the Preliminary Chamber Procedure (p. 32–57)
• Ofelia Maria Creța – Contentious Aspects Regarding the Place of Sentence Execution (p. 58–81)
• Iulia Raluca Andrița – Some Aspects Regarding the Waiver of Criminal Prosecution (p. 82–101)
• Claudia Cristina Povăliceanu – Injustices Regarding the Criminalization of the Offense of Abusive Conduct in Aggravated Form (p. 102–122)

II. JURISPRUDENCE

• Bogdan Mihai Dumitru – Method of Calculating the Procedural Term Provided by Art. 207 para. (1) of the Criminal Procedure Code (p. 123–138)

I. DOCTRINE

• Laurențiu Vasile Negrean, Sergiu Bogdan – Assimilated Smuggling [Art. 270 para. (3) of Law no. 86/2006] – The Continuity of a Discontinuous Incrimination (p. 9–30)
• Oana Bugnar-Coldea – Over-legislation in Criminal Law. The Constitutional Court – A Possible “Obstacle” to This Phenomenon? (p. 31–43)
• Ionuț Borlan – Challenge Regarding the Duration of Criminal Proceedings (p. 44–73)
• Andra Maria Coț – European Law vs. National Law in the Field of Fundamental Human Rights (p. 74–99)
• Cristina Nicorici – Ownership of Real Estate as the Source of a Guarantor Position (p. 100–111)
• Raul Alexandru Nestor – Particularities in the Execution of Judicial Supervision and Probation Measures as Alternatives to Detention (p. 112–141)

I. DOCTRINE

• Flavia-Ioana Țuică – Transposition into Domestic Law of Directive (EU) 2016/343 on Strengthening Certain Aspects of the Presumption of Innocence and the Right to Be Present at Trial in Criminal Proceedings (p. 9–23)
• Clement Mihai Resmeriță – The Criminal Justice System in Bulgaria – Comparative Law Attempts (p. 24–57)
• Ovidiu-Vasile Bozdog – Distinguishing Between Eventual Intent and Negligence with Foresight in the Context of Traffic Events (p. 58–101)
• Cristian Cupșe – Sporting Violence. An Incursion into the Legal Basis and the Criminal Relevance of Acts Committed During Sports Games (p. 102–146)

II. REVIEWS

• Paz M. de la Cuesta Aguado, Valentina Dipșe – Michele Papa, Fantastic Voyage. In the World of Special Criminal Law. Review (p. 147–150)

I. DOCTRINE

• Raul Alexandru Nestor – Probatory Requirements for Determining Blood Alcohol Content in the Offense of Driving Under the Influence of Alcohol or Other Substances (p. 9–23)
• Radu Bogdan Călin – Tax Evasion: Result Crime or Danger Crime? (p. 24–40)
• Clement Mihai Resmeriță – Considerations Regarding the Date of Commission of Corruption Offenses Committed Through Multiple Alternative Methods (p. 41–50)
• Ioana Narcisa Anițulesei – The Offense under Art. 4 of Law No. 143/2000 on Combating Illicit Drug Trafficking and Consumption – Possession of Drugs for Personal Use without Right. The Tempo of Constitutionality or Unconstitutionality at the Peak of an Era (p. 51–72)
• Cosmin Daniel Bulea – Judicial Cooperation in Criminal Matters and Respect for Human Rights. Current Issues. Electronic Evidence (p. 73–101)

II. JURISPRUDENCE

• Cristian Valentin Ștefan – Intellectual Forgery. Waiver of Sentence Application. Unjustification (p. 102–109)
• Cristian Valentin Ștefan – Again on the Imposition of Accessory Penalty in the Case of a Concurrence of Offenses (p. 110–114)

I. DOCTRINE

• Lavinia Valeria Lefterache – Minority in the Penal Codes (1864–2021). A Brief History of Legal Vocabulary: from “coconi” to minors, from understanding to discernment, from error to crime, and from measured scolding to educational measures (p. 9–38)
• Laurențiu Vasile Negrean – Problematic and Current Aspects Regarding Electoral Offenses: Obstruction of Electoral Rights and Corruption of Voters (p. 39–56)
• Filip Andrei Lariu – Universal Jurisdiction as a Means of Repressing International Crimes (p. 57–89)
• Cristian Cupșe – The Offense of Outrage Against Public Morals (p. 90–108)

II. JURISPRUDENCE

• Răzvan Anghel – False Testimony Following Constitutional Court Decision No. 236/2020. The Witness’s Right to Silence and the Right Against Self-Incrimination. A Critical Note on Criminal Decision No. 413/A/2021 of the Cluj Court of Appeal (p. 109–118)

I. DOCTRINE

• Ionuț Borlan – The “Double Jeopardy” Principle in the Criminal Jurisprudence of the Supreme Court of the United States of America (p. 9–71)
• Raul Alexandru Nestor – Inconsistencies in Ordering Preventive Detention under the Grounds Provided by Article 223(1)(d) of the Criminal Procedure Code (p. 72–86)
• Ioan Răzvan Tuduce – Conditional Release from Prison Sentence. Current Aspects from Judicial Practice (p. 87–116)
• Bogdan Mihai Dumitru – Theoretical and Practical Aspects Regarding the Notions of Assistance and Conventional Representation in Romanian Criminal Procedure. The European Court of Human Rights’ Jurisprudence on State-Guaranteed Legal Assistance and Representation in the Interests of Justice (p. 117–132)

I. DOCTRINE

• Florin Streteanu – Brief Considerations Regarding the Implications of Adopting Law No. 146/2021 on the Sanctioning of Multiple Offenses (p. 9–14)
• Raul Alexandru Nestor – Application of the More Favorable Criminal Law in the Case of the Provisions of Art. 10 of Law No. 241/2005, as Amended by Law No. 55/2021 – A Perspective on Final Convictions (p. 15–28)
• Doris Alina Șerban – The Subsequent Nature and Individuality of the Money Laundering Offense in Relation to Corruption Offenses. Practical Reality or Aspiration? (p. 29–41)
• Clement Mihai Resmeriță – On the Condition of Law Violation in the Case of the Abuse of Office Offense (p. 42–55)
• Răzvan Anghel – The Resulting Principal Sentence in the Hypothesis of Concurrence of Offenses and Intermediate Plurality (p. 56–86)
• Alexandru Calița – Considerations on the Offense of Misleading Judicial Authorities (p. 87–144)

I. DOCTRINE

• Nicolae Volonciu, Cătălin Marin – Theoretical, Legislative, and Judicial Practice Aspects Regarding the Resumption of Criminal Prosecution (p. 9–25)
• Oana Bugnar – Concealment of the Asset or Taxable Source: The (Im)Possibility of Retaining the Offense Provided by Art. 9 Para. (1) Letter a of Law No. 241/2005 When the Asset or Taxable Source Originates from the Commission of a Crime or in the Case of Trade of Such Assets (p. 26–48)
• Cristina Tomuleț – Conformity Between the Main Currents in Judicial Interpretation and the Requirements of the Principle of Legality (p. 49–68)
• Georgiana Sas – Problematic Consequences of Applying Mutual Trust and Recognition in the Context of the European Arrest Warrant (p. 69–93)

II. CASE LAW

• Cristian Valentin Ștefan – 1. Typical and Unlawful Acts Against Road Safety. Impossibility of Vehicle Confiscation. 2. Typical and Unlawful Acts for Which the Prosecutor Ordered Dismissal. Confiscation. Competence and Procedure (p. 94–100)
• Daniel Nițu – Procedure for Complaining Against the Non-Referral to Trial Decision. Claimants. Change of Venue. Admissibility (p. 101–109)
• Cristian Valentin Ștefan – Criminal Procedure Issues from the Practice of the Prosecutor’s Office attached to the Târgu Mureș Court of Appeal and the Prosecutor’s Offices within Its Jurisdiction, for the Year 2019 (p. 110–120)

I. DOCTRINE

• Mario Caterini – The Challenges of Criminal Law in the Face of New Mass Media (translated by Doris Alina Șerban, Diana And one) (p. 9–27)
• Nicolae Volonciu, Cătălin Marin – Transfer and Designation of Another Court for Adjudicating the Case in the Current Criminal Procedure Regulation (p. 28–41)
• Sanda Ileana Pelea – Ne Bis In Idem – The Cumulative Effect of Criminal, Fiscal, or Administrative Procedures. The Case of Italy (p. 42–56)
• George Cristian Ioan – The Nullity Sanction and Exclusion of Evidence in Light of the Case Law of the European Court of Human Rights and the Court of Justice of the European Union (p. 57–101)
• Clement Mihai Resmeriță – Exclusion of Evidence Obtained Through the Execution of Technical Surveillance Measures in Criminal Proceedings (p. 102–121)

II. CASE LAW

• Cristian Valentin Ștefan – Imposition of Accessory Penalties in the Case of a Concurrence of Offenses (p. 122–126)

I. DOCTRINE

• Andra Roxana Trandafir, George Alexandru Lazăr – Inapplicability of the Preventive Measure Provided by Art. 493 para. (1) lit. a) of the Criminal Procedure Code Regarding the Dissolution or Liquidation of a Legal Entity in Insolvency Proceedings (p. 9–25)
• Dorel Herinean – The Justifying Cause of Consent Expressed by Legal Entities (p. 26–67)
• Raul Alexandru Nestor – Judicial Practice Aspects Regarding the Procedure and Effects of a Full Bench’s Abstention Statement (p. 68–75)
• George Pelican – Controversial Aspects Regarding the Apparent Violation of the Ne Bis In Idem Principle (p. 76–101)
• Cristiana Petre – Prescription of Criminal Liability Following Constitutional Court Decision No. 297/2018 (p. 102–110)
• Anca Vlad – Current Aspects Regarding Rehabilitation (p. 111–124)

II. CASE LAW

• Cristian Valentin Ștefan – European Arrest Warrant. Optional Ground for Refusal Concerning the Commission of the Offense on Romanian Territory. Criteria and Guidelines on Which the Court Decides on Execution (p. 125–131)
• Cristian Valentin Ștefan – Post-Execution Recidivism. Successive Previous Sentences. Calculation of the Duration of the Judicial Rehabilitation Term (p. 132–136)

I. DOCTRINE

• Valentina Dipșe – Some Reflections on the Concept of Omission (p. 9–28)
• Mihai Ștefan Ghica – Historical Perspective on the Criminalization of Abuse of Office in Romania (p. 29–76)
• Răzvan Adrian Trușcă – Sporting Violence (p. 77–96)
• Octavian Bochiș – Brief Considerations on Preventive Measures Applied to Minors (p. 97–106)
• Paul Ghiban – Formal Course of the Abbreviated Procedure. Conditions. Consequences. Remedies (p. 107–117)

II. CASE LAW

• Cristian Valentin Ștefan – Forgery of Private Documents. Contributing with Supporting Acts to the Forgery of a Private Document. Use of the Forged Private Document. Form of Criminal Participation. Contribution, on Two Occasions, to the Forgery of Two Private Documents. Use, on One Occasion, of the Two Forged Private Documents. Number of Material Acts (p. 118–124)
• Cristian Valentin Ștefan – Insurance Fraud. Immediate Consequence. Condition that the Property Be Insured (p. 125–130)

I. CONFERENCE

• Ionuț Vișinescu – Confiscation from Third Parties (p. 9–28)

II. DOCTRINE

• Cristina Nicorici – The Theoretical Basis of Commission by Omission (p. 29–52)
• Ioana Curt – Confluence of Risks – Effects of the Victim’s Concurrent Contribution on the Criminal Liability of the Perpetrator (p. 53–81)
• Liana Georgiana Marin – The Applicability of the Ne Bis in Idem Principle in Criminal Procedure: The Perspective of the European Court of Human Rights and the Court of Justice of the European Union (p. 82–104)
• Gabriela Ola – Application of the Principle of Legality in the Context of the Development, at EU Level, of Judicial Cooperation in Criminal Matters (p. 105–135)
• Dan Moroșan – Conventionality Control – The ECHR’s Perspective on the Confiscation Institution (Special, Extended, in the Absence of a Conviction, from Third Parties) According to Directive 2014/42/EU (p. 136–178)

III. CASE LAW

• Cristian Valentin Ștefan – Initial Resulting Sentence Applied for a Concurrence of Offenses, Whose Execution Is Suspended Under Supervision under the Previous Penal Code. New Offense Committed after the Entry into Force of the Current Penal Code and within the Probation Period of the Suspended Execution of the Initial Resulting Sentence. Intermediate Plurality of Offenses. Method of Obtaining the Final Resulting Sentence (p. 179–188)

I. DOCTRINE

• Nicolae Volonciu, Cătălin Marin – The Institution of Waiver of Criminal Prosecution. Theoretical and Practical Contributions Regarding the Latest Regulations in the Field (p. 9–25)
• Ioana Narcisa Anițulesei – Brief Considerations on the Offenses under Art. 5 letters c) and d) of Law no. 11/1991 on Combating Unfair Competition – Between the Limits of Flexibility and Rigidity of the Law (p. 26–50)
• Alexandru Matache – Critical Considerations Regarding the Offense Provided under Art. 5 letter e) of Law no. 11/1991 on Combating Unfair Competition (p. 51–66)
• Georgian Marcel Husti – The Relationship between the European Public Prosecutor’s Office (EPPO) and the National Prosecutor’s Office (p. 67–77)
• Roxana Alexandra Onea – VAT. Carousel Fraud within the European Union (p. 78–100)
• Cătălin Daniel Pop – European Arrest Warrant. Perspectives (p. 101–118)
• Irinel Samoilă – The Necessity of Reversing the Burden of Proof of Harm in Cases of Relative Nullity in Criminal Procedure Law (p. 119–127)
• Diana Țugui – Killing at the Request of the Victim – Active Euthanasia (p. 128–149)

II. CASE LAW

• Cristian Valentin Ștefan – Criminal Negligence Causing Damage. The Condition that Degradation by Arson Must Be Such as to Endanger Other Property or Certain Persons (p. 150–154)

I. DOCTRINE

• Cristinel Ghigheci, Vlad Neagoe – Technical Surveillance in Light of the New Solutions of the Constitutional Court – Interpretation and Application of the Court’s Decisions in the Matter (p. 9–53)
• Cătălin Marin, Cristina Teodora Pop – Constitutional Court Decision no. 147 of 13 March 2019 regarding the Law amending and supplementing Art. 10 of Law no. 241/2005 on the Prevention and Combating of Tax Evasion and Its Effects (p. 54–72)
• Georgian Marcel Husti – Guilt and Other Elements Concerning Criminal Liability in the Case of Autonomous Vehicles (p. 73–96)
• Otilia Ghenici – Special Case of Revision Based on a European Court of Human Rights Judgment in Criminal Procedure (p. 97–113)

II. CASE LAW

• Cristian Valentin Ștefan – Issues of Criminal Procedure Law from the Practice of the Prosecutor’s Office attached to the Târgu Mureș Court of Appeal and the Prosecutor’s Offices in Its Jurisdiction, for the Year 2018 (p. 114–125)

I. DOCTRINE

• Ioana Curt – Succession of Risks – The Effects of the Victim’s Subsequent Contribution on the Criminal Liability of the Perpetrator (p. 9–40)
• George Cristian Ioan – Natural Absorption of Offenses in Romanian Law (p. 41–55)
• Otilia Ghenici – Common Cases of Revision in Criminal Procedure (p. 56–102)
• Daiana Giorgiana Avășan – Art. 18 para. 2 of Law no. 78/2000. Some “Oversights” of the Domestic Criminal Law Doctrine (p. 103–119)
• Cristina Andreea Butuc – Analysis of the Offense of Negligence in Service by Enterprise Leaders in Light of the New PIF Directive (p. 120–130)

I. CONFERENCE “Criminal Codes Three Years after Entry into Force” (III)
Georgina Bodoroncea, Some considerations regarding the “decriminalization law” nature of Constitutional Court Decision no. 405/2016
Irina Kuglay, Referral of the case back to the prosecutor’s office due to irregularity of the indictment

II. DOCTRINE
József Pallo, The moment of change in Hungarian criminal enforcement legislation
Adrian Stan, Regression periods in preventive measures and the reasons for their establishment
Mircea Salomir, European Investigation Order
Cristian-Valentin Ştefan, Exercising the function of chief prosecutor of the judicial section at the prosecutor’s office attached to the Court of Appeal

III. JURISPRUDENCE
Corneliu Iftim, Incompetence of the sitting prosecutor. Sanction. Bucharest Court of Appeal, Criminal Section I, decision no. 326/13.09.2017
Teodora-Cătălina Godîncă-Herlea, Application of the more favorable criminal law. Case study and critical note on the criminal decision no. 267/A/2016 of the Oradea Court of Appeal

IV. INFO
Dan Moroşan, International conference Developments within the EU regarding freezing, confiscation, and recovery of illicitly obtained assets. Instruments and challenges, Trier, 4–5 May 2017

I. DOCTRINE
Ioana-Narcisa Aniţulesei, Different approaches to the principle nullum crimen, nulla poena sine lege in European criminal law. Is there a principle of legality in European criminal law
Răzvan-Andrei Antăloaei, Recognition and enforcement of a criminal judgment pronounced in Romania by a member state of the European Union
Carina Ioana Bojan, Case C-396/11 – Vasile Radu: model or negative example of preliminary questions?
Irinel Samoilă, Reforming the regulations regarding access to classified information during criminal judicial proceedings
Ioana Rusu, Usurpation of official positions
Ion Rusu, Human rights reflected in the main international legal instruments. Presumption of innocence and the right to be present at trial within criminal proceedings in the European Union. Some critical opinions
Bogdan Bîrzu, Insult and offense in Romanian criminal law. Constitutive content and legislative precedents

II. JURISPRUDENCE
Cristian-Valentin Ştefan, Termination of the obligation to perform unpaid community service, imposed under probationary suspension of sentence execution. Conditions (I). Procedure (II)

I. DOCTRINE
Nicolae Volonciu, Cătălin Marin, The right to defense and the lawyer as an independent procedural subject in the current criminal procedural regulation
Ştefan-Alexandru Toma, Punitive treatment of the concurrence of offenses in the case of minors
Vlad Andrei Bota, “Carousel” fraud in the European Union. An eternal problem
Claudiu Şandor, Analysis of offenses affecting the financial interests of the European Union. Perspective of the new “P.I.F” Directive
Adrian Stan, Limiting the scope of money laundering criminalization following Decision no. 418/2018 of the Constitutional Court

II. JURISPRUDENCE
Cristian-Valentin Ştefan, I. Cassation appeal filed by the defendant’s lawyer. Admissibility. II. Bribery for another person. Criminalization of the act in the previous Criminal Code

III. INFO
Anca Jurma, General Assembly of Presidents of European Criminal Law Associations and Protection of the Financial Interests of the EU, Utrecht, June 14–15, 2018
Dan Moroşan, International Conference on Criminal Law Confiscation of Criminal Assets: European and National Perspectives, Cluj-Napoca, June 28, 2018

I. NATIONAL CONFERENCE OF DOCTORAL STUDENTS IN CRIMINAL LAW AND CRIMINAL PROCEDURE
George–Alexandru Lazăr, Individualization of penalties applicable to legal entities
Ionuţ Nefliu, Succession of incomplete criminal norms and application of the more favorable criminal law
Oana Bugnar, The notion of fictitious operation from the perspective of Art. 9 para. (1) letter c) of Law no. 241/2005. Brief jurisprudential review and a new criterion for delimiting acts with criminal relevance
Lucian Criste, Evaluation of evidence and the standard of proof, in common procedure and in the plea agreement procedure, from a comparative law perspective
George Zlati, Computer fraud. Controversial aspects
Cristina Tomuleţ, Custom in criminal law

II. JURISPRUDENCE
Florin Streteanu, Brief observations regarding Decision no. 601/2018 of the Constitutional Court. Critical note
Cristian-Valentin Ştefan, (I) Bribery. Aggravating circumstantial element regarding the commission of the offense in relation to a public official with control duties. Conditions. (II) a) Decriminalization. Mechanisms of occurrence. b) Operation of criminal law and retroactivity of decriminalization law. Incompatibility

III. INFO
Ioana Curt, National Conference of Doctoral Students in Criminal Law and Criminal Procedure, Cluj-Napoca, October 26–27, 2018

I. DOCTRINE
Anca Ioana Negru, Invalidity of evidence obtained illegally in comparative law
Cristina Tomuleţ, The literal method of interpretation in criminal law
Alexandru Matache, Fortuitous event. Between a cause of non-imputability and an atypical element
Daliana Lupou, European Protection Order
Giulia Ianc, Obstacles in the functioning of judicial cooperation instruments at the European level considering the risks regarding the respect of fundamental human rights

II. INFO
Dan Moroşan, Conference on criminal and criminal procedural law – The Penal Codes Three Years After Entry into Force, Cluj-Napoca, March 3–4, 2017

III. CRIMINAL COURIER December 1 – December 31, 2016 (Oana Dimitriu)

I. DOCTRINE
Ion Rusu, Fraud in insurance in the conception of the new Criminal Code
Valentin Gheorghe Toduţa, Interruption of pregnancy
Paula Ciorea, Considerations on the European Public Prosecutor’s Office
Roxana-Maria Stejeran, Prevention and resolution of jurisdictional conflicts in criminal matters

II. JURISPRUDENCE
Cristian-Valentin Ştefan, I. Cassation appeal. Admissibility in principle. Contents of the request and its subject. II. Abuse of office. Objective content. Effect of the Constitutional Court’s jurisprudence on this content. Condition attached to the material element regarding the fulfillment of the act through violation of the law

III. INFO
Daniel Niţu, International conference – The fight against prison overcrowding in Europe. New means of sanctioning and alternative measures from a comparative perspective. Ferrara, April 14–15, 2016

IV. CRIMINAL COURIER January 1 – April 30, 2017 (Oana Dimitriu)

I. CONFERENCE “Criminal Codes Three Years After Entry into Force” (I)
Cristina Rotaru-Radu, Participation in cases of corruption offenses
Lavinia Valeria Lefterache, Interpretation of the notions of acts not provided for by criminal law and of penalties beyond the limits provided by law, in the extraordinary appeal of the cassation appeal
Andrei Zarafiu, Some controversial and current issues regarding the preliminary chamber
Andra-Roxana Trandafir, Application of insolvency law in criminal proceedings

II. DOCTRINE
Alexandru Matache, Inapplicability of the principle nulla poena sine culpa in European criminal law. The tendency towards objective criminal liability

III. JURISPRUDENCE
Cristian-Valentin Ştefan, Criminal law issues from the practice of the Prosecutor’s Office attached to the Court of Appeal Târgu Mureş and the prosecutor’s offices within its jurisdiction, for the year 2016

IV. INFO
Daniel Niţu, International ECLAN Symposium – European Public Prosecutor’s Office, Coimbra, March 29–30, 2017

I. CONFERENCE “Criminal Codes Three Years After Entry into Force” (II)
Gheorghiţă Mateuţ, Remedies for trials in the absence of the accused under the current Criminal Procedure Code
Călin Budişan, Presumption of innocence. Evolution of the concept and its current implications
Daniel Niţu, Extended confiscation. Special confiscation. Confiscation from third parties

II. DOCTRINE
Mihai Mareş, Effects of the reorganization of legal persons on criminal liability and the execution of sentences
Ion Rusu, Misleading judicial authorities under the new Criminal Code
Ioana Rusu, Failure to notify in the current Criminal Code
Bogdan Bîrzu, The crime of non-reporting under Romanian law

III. JURISPRUDENCE
Cristian-Valentin Ştefan, Criminal law issues from the practice of the Prosecutor’s Office attached to the Court of Appeal Târgu Mureş and the prosecutor’s offices within its jurisdiction, for the first quarter of 2017

I. DOCTRINE
Otilia Ghenici, Cases of annulment appeals in light of the New Criminal Procedure Code
Cristina Tomuleţ, Conflicting interests in preventive detention. From the presumption of innocence to the risk to public order (III)
George Andrei Badiu, Some considerations regarding the conduct of criminal investigation in the new Criminal Procedure Code
Octavian Bochiş, Guaranteeing the right to defense in the context of the new Criminal Procedure Code

II. CRIMINAL COURIER
1 December 2015 – 29 February 2016 (Oana Dimitriu)

I. DOCTRINE
Gheorghiţă Mateuţ, The annulment appeal, between past and present, in the regulation of the current Criminal Procedure Code
Sebastian Bodu, Ciprian Bodu, Commentary on the offenses regulated under Art. 275 of Law no. 31/1990 regarding companies, analyzed from a mixed civil (legal relations between professionals) – criminal perspective
Ioan-Andrei Stoian, Offenses committed through post-dated checks after the entry into force of the new Criminal Code
Roxana Beatrice Teslovan, A concretization of the principle of opportunity – waiver of criminal prosecution

II. CRIMINAL COURIER
1 March – 15 May 2016 (Oana Dimitriu)

I. DOCTRINE
Mihai Mareş, The rights of the injured party in the criminal trial
Ştefan-Alexandru Toma, The new normative vision on error in criminal law
Mihai Suian, Considerations regarding access to an IT system as a method of technical surveillance (I)
Daniel Bălan, The injured party and the victim party

II. JURISPRUDENCE
Cristian-Valentin Ştefan, Jurisprudence note. Helicopter accident

III. INFO
Daniel Niţu, International Conference on the Criminal Procedure Code, Hungarian Academy of Justice, Budapest, 29 February – 1 March 2016

IV. CRIMINAL COURIER
16 May – 15 August 2016 (Oana Dimitriu)

I. DOCTRINE
Florin Streteanu, Considerations regarding the regime of incomplete criminal norms in light of the recent jurisprudence of the Constitutional Court
Voicu Puşcaşu, Some considerations regarding the procedure for confirming the waiver of criminal prosecution
Otilia Ghenici, Appeal in annulment. Conditions of admissibility and trial procedure
Mihai Mareş, Conflict of jurisdiction in criminal matters
Mihai Suian, Considerations regarding access to an IT system as a method of technical surveillance (II)

II. JURISPRUDENCE
Cristian-Valentin Ştefan, Criminal procedural law issues from the practice of the Prosecutor’s Office attached to the Târgu Mureş Court of Appeal and the prosecutor’s offices under its jurisdiction, for the first semester of 2016

III. INFO
Daniel Niţu, International Conference – Combatting Prison Overcrowding in Europe. New sanctioning methods and alternative measures in a comparative perspective. Ferrara, 14–15 April 2016

IV. CRIMINAL COURIER
16 August – 30 November 2016 (Oana Dimitriu)

I. DOCTRINE
Lucian Criste, The necessity of establishing effective remedies in case of exceeding the reasonable duration of criminal proceedings. Contestation regarding the duration of criminal proceedings – effective remedy or legislative improvisation?
Ionuţ Borlan, The procedure of anticipatory hearing: the conventional approach to transplanting adversarial procedure into a continental system
Sorina Vîlcu, Interruption of pregnancy – congruence of rights and egos
Dan Moroşan, Improper participation. General aspects, modalities, problematic issues

II. JURISPRUDENCE
Florin Streteanu, Temporal application of Constitutional Court decision no. 265/2014. Critical note (ICCJ, Panel for the settlement of legal issues in criminal matters, decision no. 21/2014)

III. INFO
Magdalena Roibu, International Biennial Conference, 10th Edition (Timişoara, 17–18 October 2014)

IV. CRIMINAL COURIER
1 January – 28 February 2015 (Oana Dimitriu)

I. DOCTRINE
Bolyky Orsolya, Sárik Eszter, Tamási Erzsébet, Homicides among minors and youth. The situation in Hungary
Cristina Tomuleţ, Conflicting interests in preventive detention. From the presumption of innocence to the danger to public order (I)
Alexandru Florea, Brief considerations regarding the impact of the Fransson jurisprudence of the CJEU on the prosecution of tax evasion offenses (with specific reference to art. 6 of Law no. 241/2005)
Bogdan Cucu, Typical language acts: control over an organization
Irina Alexandra Negruţiu, The International Criminal Court’s position on the principle of male captus bene detentus
Gabriela Ola, EU competence in criminal matters. Brief considerations on the method of criminalization at the European level
Roxana Beatrice Teslovan, Child pornography. A perspective on the criminalization of the act in the modalities of possession and access correlated with pseudo-pornography and virtual pornography

II. CRIMINAL COURIER
1 March – 31 May 2015 (Oana Dimitriu)

I. DOCTRINE
Gheorghiţă Mateuţ, Critical observations regarding the new regulation of technical surveillance in a comparative presentation
Ioana Curt, The fetus as a passive subject in the regulation of the new Criminal Code
Andreea Rad, Some critiques regarding the current regulation of the European arrest warrant
Lucreţia Anuţa Sîngeorzan, The Zoran Spasic case
Cristian Ioan Roman, Recognition of criminal judgments for their execution in the European Union. Practical issues
István Szilárd Tasnádi, The ne bis in idem principle. The notion of “the same act” in the jurisprudence of the Court of Justice of the European Union

II. CRIMINAL COURIER
1 June – 30 September 2015 (Oana Dimitriu)

I. DOCTRINE
Alinel Bodnar, The summons warrant and the ECHR jurisprudence perspective on the right to liberty
Ioan-Andrei Stoian, Some issues regarding on-site investigation under the perspective of the new Code of Criminal Procedure
Dumitru Irinel Samoilă, Information regarding the criminal charge
Cristina Tomuleţ, Conflicting interests in preventive detention. From the presumption of innocence to the danger to public order (II)
Ioana Călin, The plea agreement

II. INFO
Ioana Curt, “Imprisonment in the Balkans”. Second Annual Conference of the Max Planck Partner Group for Balkan Criminology, Sarajevo, 17–19 September 2015

III. CRIMINAL COURIER
1 October – 30 September 2015 (Oana Dimitriu)

I. DOCTRINE
Ionuţ Borlan, Postponement of sentence enforcement in Romanian criminal law
Mândru Iancu, Pardon in the regulation of the new Penal Code
Alexandru Rîşniţă, Some reflections on the applicability of art. 31 para. (1) letter c) of the Statute of the International Criminal Court
Bogdan Dumitru Moloman, Aspects regarding the criminal liability of minors in the new Penal Code

II. REVIEWS
Mihail Udroiu – Criminal Law. General Part. New Penal Code (C.H. Beck Publishing, Bucharest, 2014, 424 pages)
Ioana Curt

III. CRIMINAL COURIER
1 April – 15 March 2014 (Oana Dimitriu)

I. NATIONAL ELSA ESSAY COMPETITION
Bogdan Florin Nae, Criminal law error: finally, a taming of the absurd!
Vlad Crăciun, Truth in criminal law

II. DOCTRINE
Anca-Raluca Sas, Practical applications of the ne bis in idem principle in the jurisprudence of the Court of Justice of the European Union
Andrei-Viorel Iugan, Revocation of the suspended execution of the sentence under supervision in light of the new Penal Code
Alexandru Tiliciu, The offense of establishing an organized criminal group under Article 367 of the new Penal Code
Dan-Adrian Zurbău, Novel elements introduced by Law no. 254/2013 regarding the execution of sentences

III. JURISPRUDENCE
Cristian-Valentin Ştefan, Notes on criminal jurisprudence

IV. CRIMINAL COURIER
16 March – 31 May 2014 (Oana Dimitriu)

I. DOCTRINE
Ioan-Paul Chiș, Theoretical aspects of differentiating the revision case regarding the incompatibility of decisions in annulment appeals concerning the violation of res judicata authority
George Zlati, Search of IT systems and data storage devices (I)
Oana Bugnar, Child pornography – European legislator versus national legislator
Iulia-Anca Măhălean, Transposition of Directive 2011/93/EU of the European Parliament and of the Council on combating the sexual abuse and sexual exploitation of children and child pornography into national legislation
Minodora-Ioana Balan-Rusu, Enforcement in the European Union of orders for freezing assets and evidence – a form of judicial assistance between member states
Diana Macavei, The relationship between Article 27 and Article 98 para. (1) of the Statute of the International Criminal Court. The case of Omar Al-Bashir
Alexandra Loredana Lapoşi, Anticipatory self-defense

II. CRIMINAL COURIER
1 July – 31 August 2014 (Oana Dimitriu)

I. DOCTRINE
Gheorghiţă Mateuţ, The right to defense and the lawyer as a distinct procedural subject in criminal proceedings – new elements in the current Code of Criminal Procedure
Voicu Puşcaşu, Aggravating circumstances in the regulation of the new Penal Code
George Zlati, Search of IT systems and data storage devices (II)

II. JURISPRUDENCE
Cristian-Valentin Ştefan, Judicial individualization of the sentence. Jurisprudence notes
Ioan-Paul Chiş, Resolution of the civil aspect in criminal proceedings in case of decriminalization. Transitional situations (Bucharest Tribunal, 1st Criminal Section, decision no. 164/A/2014)

III. CRIMINAL COURIER
1 September – 31 December 2014 (Oana Dimitriu)

I. ELSA NATIONAL ESSAY COMPETITION
Ionuţ Borlan, Judicial individualization of sentencing – the consequence of the entry into force of the new Penal Code
Marcel Teodor Mitru, Infanticide

II. DOCTRINE
Silviu-Daniel Socol, Some considerations regarding national legal regulations on the notion of negotiated justice
Alexandru Rîşniţă, Legal entity – subject of the crime of homicide
Cătălin Oncescu, Incoherences, inconsistencies, and errors regarding the application of the current Code of Criminal Procedure

III. CRIMINAL COURIER
1 January – 31 March 2013 (Oana Dimitriu)

I. DOCTRINE
Corina Unguraş, The accused’s right to access the case file, from a European and national perspective
Diana Horge, Joint Criminal Enterprise – a new form of liability in international criminal law?
Alexandru Rîşniţă, Deferral of sentence execution in the new Penal Code
Cristina Tomuleţ, The foundation of the principle of legality. Case study: international criminal law

II. REVIEWS
Victor Văduva – Judgment in the case of guilty plea. Commented jurisprudence (Hamangiu Publishing, Bucharest, 2013, 429 pages) Daniel Niţu

III. CRIMINAL COURIER
1 April – 30 June 2013 (Oana Dimitriu)

I. DOCTRINE
Florin Streteanu – Aspects Regarding the Temporal Application of Criminal Law in Light of the Entry into Force of the New Penal Code
Teodora-Cătălina Godîncă-Herlea – Precautionary Measures Taken During Criminal Investigation on the Assets of Legal Persons
Anca Mărgineanu – Combating Sexual Exploitation of Children and Child Pornography
Ionuţ Borlan – The Issue of Repetition of Acts of Execution Specific to Crimes with Indivisible Result: Unity or Plurality of Offenses?
Ada Tetean Vinţeler – Some Considerations on the European Regulation of International Letters Rogatory Compared to Classic Letters Rogatory under National Law
Delia Ştefana Tocală – Human Trafficking – European Regulation: Comparative Perspectives

II. CRIMINAL COURIER
July 1 – September 30, 2013 (Oana Dimitriu)

I. MANIFESTO
European Criminal Policy Initiative, Manifesto on the Criminal Procedural Law of the European Union

II. DOCTRINE
Oana Theodora Şofâlca, Transfer of Convicted Persons
Adrian-Aurel Danciu, Extended Confiscation

III. JURISPRUDENCE
Evidentiary Value of the Whistleblower’s Testimony in Bribery Cases. Accessory Penalty of Prohibition from Practicing as a Forensic Doctor. Bribery. Possibility for the Court to Order the Return of Money Given as Bribe, Following Reporting, When the Trial Concerns Only Bribery. Special Confiscation.
(Tribunal Mureş, Penal Sentence no. 100/2011; Court of Appeal Târgu Mureş, Penal Section, Decision no. 84/A/2012; High Court of Cassation and Justice, Penal Section, Decision of 27.05.2013) – Commentary by Cristian-Valentin Ştefan

IV. CRIMINAL COURIER
October 1 – December 31, 2013

I. DOCTRINE
Florin Streteanu, Considerations Regarding the Amendment of the Criminal Code by Law no. 27/2012
Ioana Curt, Causal Relationship in Light of Its Current Intradogmatic Projections (I)
Oana Bugnar, Victim Consent in Cases of Offenses Committed Through Negligence
Nelu Dorinel Popa, Reflections on the Correlation Between Social Danger and Criminal Liability Within the Theory of Offense
Liviu Lupu, Some Considerations Regarding the Temporal Application of Criminal Law for Minors, in Light of the Entry into Force of the New Criminal Code

II. CRIMINAL COURIER
(Oana Dimitriu)

I. DOCTRINE
Florin Streteanu, Considerations Regarding Extended Confiscation
Ioana Curt, Causal Relationship in Light of Its Current Intradogmatic Projections (II)
Mădălina Pascu, Complicity Through the Promise to Conceal or Favor an Offender – Comparative Analysis with the Crimes of Concealment and Favoring an Offender
Silviu-Daniel Socol, Extended Confiscation in the Regulation of the New Criminal Code
Ionuţ Borlan, On the Antecedence of the Alleged Murder under Art. 176 lit. c) of the Criminal Code – Material or Legal Meaning?

II. JURISPRUDENCE
Computer Fraud (Art. 49, Law no. 161/2003). Non-award of material damages by the court of first instance. Moral damages granted in the case of a property-related offense. Assessment of shared fault regarding moral prejudice (Cluj Court of Appeal, criminal section, decision no. 877/R/2010) with critical note by Dan-Sebastian Chertes

III. CRIMINAL COURIER
(Oana Dimitriu)

I. DOCTRINE
Alexandra-Maria Pop, Influencing Statements in Light of the Provisions of the New Criminal Code
Cristian-Valentin Ştefan, Continuation of the Criminal Trial
Gianina David, Mădălina Jebelean, Violation of Privacy in the New Criminal Code (I)
Ana Mureşan, Violation of Privacy in the New Criminal Code (II)
Andrei Iordăchescu, Some Considerations Regarding the Predictability of Criminal Law
Minodora-Ioana Balan-Rusu, International Letter Rogatory – A Form of International Judicial Assistance in Criminal Matters

II. INFO
The International Academy for Judges – Haifa, July 15 – August 4, 2012 (Mădălina Jebelean, Gianina David)

III. CRIMINAL COURIER
June 1 – September 30, 2012 (Oana Dimitriu)

I. DOCTRINE
Diana Ionescu, Gäfgen v. Germany: A Moment for Reflection and Many Questions
Mădălina Amelia Voiculescu, Causes for Sentence Reduction. Textual Concurrence. Reflections and Judicial Practice
Roxana Dan, Re-trial After a Conviction in Absentia, an Illusory Procedure… Study on the Compatibility of the Institution Provided by Art. 522¹ of the Criminal Procedure Code with the European Court of Human Rights Standards
Ioana Curt, Alexandra Pop, Analysis of Anti-Competitive Practices from the Perspective of Criminal Enforcement
Ion Rusu, Combating Child Sexual Abuse, Sexual Exploitation, and Child Pornography in the European Union Through Criminal Law

II. CRIMINAL COURIER
October 1 – December 31, 2012 (Oana Dimitriu)

I. DOCTRINE
Cristina Rotaru, Special Surveillance or Investigation Techniques. Technical Surveillance – Interception of Conversations and Communications
Lavinia Valeria Lefterache, Criminal Liability of Legal Entities. Hospital Liability in Cases of Offenses Against Life, Bodily Integrity, and Health Committed by Negligence
Sergiu Bogdan, The New Romanian Criminal Legislation and Its Compliance with the Principles of the Manifesto on European Criminal Policy
Diana Ionescu, On the Procedural Conception and the New Criminal Procedure Code. A Few Simple Things
Voicu Puşcaşu, The New Criminal Procedure Code and the Right to Effective Defense
Daniel Niţu, Some Considerations on the Offense of Harassment Introduced by the New Criminal Code
Mihai Dunea, Reflections on the Discontinuity in the Regulation of Certain Special Causes of Impunity. Comparison Between the Current Criminal Code and the New Criminal Code

II. CRIMINAL COURIER
(Oana Dimitriu)

I. DOCTRINE
Iulian Alexander Stoia, Acts of Terrorism in Romanian Criminal Law
Hunor Kádár, Witness Protection in Light of the New Criminal Procedure Code
Andra-Roxana Ilie, The Notion of “Punishment” in the Jurisprudence of the European Court of Human Rights
George Zlati, Sanctioning Unauthorized Access to a Wireless Network and Unlawful Use of Internet Services. Analysis of de lege lata, de lege ferenda, with Reference to Comparative Law
Mirela Carmen Dobrilă, Fraud and Influence Peddling. Delimitations

II. CASE LAW
Importation of Drugs into the Country. Transport Within the Territory and Attempted Export of Drugs. Relationship Between Drug Trafficking and International Drug Trafficking. Possibility of Concurrent Offenses (ICCJ, Criminal Section, Decision No. 4150 of 11 December 2009), with critical note by Andrei Maxim

III. REVIEWS
Dalina Groza – The Judge’s Discretion in Non-Custodial Sanctions and Measures (C.H. Beck Publishing, Bucharest, 2011, 496 pages) (Iulian Alexander Stoia)

IV. CRIMINAL COURIER
(Oana Dimitriu)

I. DOCTRINE
Johanna Rinceanu, The Future of Preventive Detention (Sicherungsverwahrung) in Germany
Flaviu Ciopec, The Judicial Break or an Exercise in [In] / [Re]spiration in the Romanian Criminal Process
Iulian Alexander Stoia, Brief Considerations on Art. 85 of Emergency Ordinance No. 195/2002 on Road Traffic
Andrei Maxim, Forgery and Computer Fraud
George Zlati, The Issue of Violence in Sports Games (II). Criminal Liability of Participants in Sports Games

II. REVIEWS
Richard Vogler, Barbara Huber (eds.) – Criminal Procedure in Europe (Duncker & Humblor Publishing, Berlin, 2008, 656 pages) (Daniel Nițu)

III. CRIMINAL COURIER
(Oana Dimitriu)

I. DOCTRINE
Sergiu Bogdan, Abuse of Trust in Creditor Fraud
Cristinel Ghigheci, Adina Daria Lupea, Distinction Between Criminal Organization and Association for the Commission of Crimes
Daniel Nițu, Head of State Immunity Before Criminal Courts in Europe and the United States of America. A Comparative Law Study
Ion Rusu, Judicial Assistance in Criminal Matters Between the European Union and Japan. Critical Observations
Ionuț Borlan, Consolidation of Sentences in a Particular Case of Post-Conviction Recidivism from the Perspective of the Current and the New Criminal Code

II. CRIMINAL COURIER
(Oana Dimitriu)

I. DOCTRINE
European Criminal Policy Initiative, Manifesto on European Criminal Policy
Voicu Pușcașu, Negotiating Guilt in the Modern Criminal Process
Andrei Maxim, Some Considerations Regarding the Conditions of Defense in Cases of Self-Defense
Daniel Nițu, The Noriega Case. Head of State Immunity and Drug Trafficking
Mădălina-Cristina Putinei (Mihai), Restriction of Individual Freedom Through Aggravating Circumstances

II. CASE LAW
Manslaughter Committed by a Surgeon (Cluj Court of Appeal, Criminal Section, Decision No. 122/R/2005 of 3 March 2005), with note by Sergiu Bogdan

III. REVIEWS
Valentin Schiaucu, Rob Canton (eds.), Manual of Probation, Euro Standard Publishing, Bucharest (Rodica Burdușel)

IV. INFO
Meeting of the Society of Comparative Legislation – General Assembly, Paris, 3 December 2009 (Betinio Diamant)

V. CRIMINAL COURIER
(Oana Dimitriu)

I. DOCTRINE
Kai Ambos, What Does “Intent to Destroy” Mean in the Structure of Genocide?
Voicu Pușcașu, Undercover Agents. Illegal Inducement of Crime. Considerations
Lucian Traian Poenaru, Illegal Removal of Children from Commercial Circulation. The Application of Confiscation When the Case Is Discontinued under Art. 10 letter b1) of the Criminal Procedure Code in Relation to Art. 181 of the Criminal Code
George Zlati, The Issue of Violence in Sports Games. The Possibility of Imputing the Act Under Criminal Law Provisions

II. REVIEWS
Mikael Benillouche, Leçons de Droit pénal général, Ellipses Publishing, Paris, 2009, 290 p. (Betinio Diamant, Gabriella More-Zsigmond)

III. INFO
Jean Pradel, The Constitutionalization of Criminal Law in France, Cluj-Napoca, 28 April 2010 (Andrei Maxim)

IV. CRIMINAL COURIER
(Oana Dimitriu)

I. DOCTRINE
Jean Pradel, The Constitutionalization of Criminal Law in France
Kai Ambos, International Criminal Law at a Crossroads: From Ad Hoc Imputation to a Universal System Derived from Treaties
Florin Streteanu, Brief Considerations on the Effects of Constitutional Court Decisions with Reference to the Offenses of Insult and Defamation
Oana Chiriță, Drug Trafficking and Consumption – Legislative (In)effectiveness and Practical (In)effectiveness
Voicu Pușcașu, Undercover Agents. Illegal Inducement of Crime. Considerations (II)
Iacob-Cătălin Marcu, An Absolute Novelty in Romanian Legislation – The Offense of Compromising the Interests of Justice

II. CASE LAW
Proposal for Arrest for Committing Aggravated Murder. Lack of Reasonable Indications of the Commission of a Crime. Insufficiency of Minimal Evidence Regardless of the Severity of the Accusation. Rejection of Preventive Arrest Proposal (Cluj Court of Appeal, Criminal Ruling No. 59/R/2010), with note by Sergiu Bogdan

III. REVIEWS
Rossana Petrucci (ed.), Diritto penale. Parte generale e reati contro la persona e il patrimonio, Giuridiche Simone, Naples, 2010, 790 p. (Betinio Diamant)

IV. CRIMINAL COURIER
(Oana Dimitriu)

I. DOCTRINE
Elek Balázs, Some Possibilities Regarding the Use of a Psychology Expert’s Expertise in Evaluating Testimonies Within Criminal Procedure
Gyula Fábián, Perspectives on the Creation of a European Public Prosecutor’s Office Following the Entry into Force of the Lisbon Treaty
Gianina-Viorica David, Compensation of Crime Victims Under Law No. 211/2004 on Certain Measures to Ensure the Protection of Crime Victims
Iulian-Alexander Stoia, Some Considerations on the Aggravating Circumstances Provided by Art. 75 para. (1) letters a), b) first thesis, and c) of the Criminal Code
Iacob-Cătălin Marcu, The Offense of Violating the Formality of a Session
Paul Chiosac, The Relationship Between the Offense of Trespassing and the Aggravated Theft Offense Provided by Art. 209 para. (1) letter i) of the Criminal Code

II. CASE LAW
Involuntary Hospitalization for the Purpose of Psychiatric Evaluation of the Accused Based on the Provisions of Art. 117 of the Criminal Procedure Code. Its Illegal Nature (Cluj Court of Appeal, Criminal Section, Decision No. 499/R/2010 of 17 June 2010), with commentary by Sergiu Bogdan and Doris Alina Șerban

III. REVIEWS
Mihail Udroiu – Criminal Law. General Part. Special Part (C.H. Beck Publishing, Bucharest, 2010, 456 p.) (Iulian Alexander Stoia)

IV. INFO
Medical Error – Legal and Social Effects, Cluj-Napoca, 23 November 2010 (Emanuel Bondalici)

V. CRIMINAL COURIER
(Oana Dimitriu)

I. RECENT LEGISLATIVE ACTS
Law No. 222 of 28 October 2008 for the Amendment and Completion of Law No. 302/2004 on International Judicial Cooperation in Criminal Matters (I) (Diana Ionescu)

II. DOCTRINE
Ion Rusu, The European Arrest Warrant Following the Amendments Introduced by Law No. 222/2008
Ion Ceapă, A Compatibility Examination Between Domestic Terrorism Offenses and Existing European-Level Regulations
Doris Alina Șerban, Vices of Consent in Criminal Law

III. CASE LAW
Presenting Oneself Under a False Identity as a Romanian Citizen Before the Authorities of a Foreign State (High Court of Cassation and Justice, United Sections, Decision No. XIX of 19 March 2007), with critical note by Sergiu Bogdan
Gross Factual Error Leading to a Wrong Acquittal Decision. Exceeding the Limits of Self-Defense. Legal Mitigating Circumstance. Self-Defense. Circumstance Eliminating the Criminal Nature of the Act. Distinction (High Court of Cassation and Justice, Criminal Section, Decision No. 686 of 26 February 2008), with critical note by Daniel Nițu
Manslaughter. Exclusive Fault of the Defendant. Causal Link. Criteria for Determining the Amount of Moral Damages. Possibility of Reassessing the Amount on Appeal (Cluj Court of Appeal, Criminal Section, Decision No. 767/R/2008), with note by Dan-Sebastian Chertes

IV. REVIEWS
La responsabilité pénale des personnes morales en Europe. Corporate Criminal Liability in Europe, S. Adam, N. Colette-Basecqz, M. Nihoul (ed.), La Charte Publishing, Brussels, 2008, 500 p. (Radu Chiriță)

V. INFO
The 3rd German-Romanian Conference on Criminal Law, Cluj-Napoca, 28 February 2009 (Daniel Nițu)

I. RECENT LEGISLATIVE ACTS
Diana Ionescu, Law No. 222 of 28 October 2008 for the Amendment and Completion of Law No. 302/2004 on International Judicial Cooperation in Criminal Matters (II)

II. DOCTRINE
Editorial Board, Foreword

Section I – Criminal Law and the Fight Against Corruption
Laura Ștefan, Barriers to Criminal Investigations
Holger Haibach, Parliamentary Immunity in Germany

Section II – Current Developments in Romanian Criminal Law
Florin Streteanu, The Draft New Criminal Code and the Reconfiguration of the Theory of Crime in Romanian Law
Valerian Cioclei, Aspects Regarding the Logic of Sentences in the New Criminal Code
Mihail Udroiu, Fundamental Principles of Criminal Procedure in the Draft New Code: Perspectives Towards a New Model of Criminal Trial
Sergiu Bogdan, Criminalization of Conflict of Interests

Section III – The Impact of Community Law on Criminal Law in the Context of Romania’s EU Integration
Helmuth Satzger, The Influence of European Law on the Romanian and German Criminal Law Systems
Octavian Pașcu, Protection of Human Rights in EU Criminal Law Through the Principle of Legality. Current Trends in National Legislation, ECHR Jurisprudence, and Community Law
Frank Zimmermann, Issues in Applying Community Requirements in the National Criminal Law System

III. REVIEWS
Sergiu Bogdan, Criminal Law. Special Part (Universul Juridic Publishing, Bucharest, 2009, 463 p.) (Doris Alina Șerban)
Cluj Court of Appeal, Jurisprudence Bulletin, Collection of Judicial Practice in Criminal Matters for 2007 (Universul Juridic Publishing, Bucharest, 2008, 453 p.) (Betinio Diamant, Elena Blându)
Fany Soledad Quispe Farfán, Magister en Derecho con Mención en Ciencias Penales, La Libertad de Declarar y el Derecho a la No Incriminación (Palestra Editores, Lima, 2002, 145 p.) (Betinio Diamant)

I. DOCTRINE
Georgeta Sabău, Voicu Pușcașu, The Organized Criminal Group in the Sphere of Illicit Drug or Precursor Trafficking
Anca Ioana Ciglenean, Some Clarifications on Child Pornography in Romanian Legislation
Claudia Rațiu, Some Discussions on Euthanasia
Ion Rusu, Passive Extradition
Voicu Pușcașu, Exclusion of Illegal Evidence in Criminal Proceedings
Horațiu Sasu, Judicial Application of Art. 10 of Law No. 241/2005 on Tax Evasion

II. CASE LAW
Desecration of Graves in Concurrence with Murder When the Defendant, Through Dismemberment or Burning of the Corpse, Seeks to Conceal the Crime (High Court of Cassation and Justice, United Sections, Decision No. 35 of 22 September 2008), with commentary by Daniel Nițu

III. REVIEWS
Fany Soledad Quispe Farfán, Magister en Derecho con Mención en Ciencias Penales, La Libertad de Declarar y el Derecho a la No Incriminación (Palestra Editores, Lima, 2002, 145 p.) (Betinio Diamant)
Leontin Coraș, Alternative Criminal Sanctions to Imprisonment (C.H. Beck Publishing, Bucharest, 2009, 320 p.) (Rodica Burdușel)

IV. INFO
National Conference “Criminal Code 2009 – Between Continuity and Innovation”, Bucharest, 11–12 September 2009 (Florin Streteanu)

I. DOCTRINE
Estrella Escuchuri Aisa, Forms of Concurrence in Spanish Criminal Law
Dan Claudiu Dănișor, The Principle of Retroactivity of More Favorable Criminal or Contraventional Law
Doris Șerban, Criminalization of Acts Preceding Drug Consumption – An Indirect Means to Prohibit Self-Harm Through Drug Use. Comparative Analysis Between Drug and Alcohol Consumption
Nelu Dorinel Popa, The Material Object in Forgery Offenses
Ion Rusu, Extradition Between Romania and the USA. Critical Observations

II. CASE LAW
Freedom of Expression and Freedom of the Press versus the Proper Administration of Justice (International Criminal Tribunal for the Former Yugoslavia, Special Chamber, Decision of 14 September 2009 in the Case IT-02-54-R77.5, Florence Hartmann Case), with commentary by Daniel Nițu

III. REVIEWS
Leontin Coraș, Alternative Criminal Sanctions to Imprisonment (C.H. Beck Publishing, Bucharest, 2009, 320 p.) (Rodica Burdușel)
Cluj Court of Appeal, Jurisprudence Bulletin, Collection of Judicial Practice in Criminal Matters for 2007 (Universul Juridic Publishing, Bucharest, 2008, 453 p.) (Betinio Diamant, Elena Blîndu)

IV. INFO
Evidence in Criminal Matters in the EU: Obtaining and Admissibility – Brussels, 22 October 2009 (Diana Ionescu)

I. DOCTRINE
Florin Streteanu, Some Considerations Regarding the European Arrest Warrant
Dan-Sebastian Chertes, Some Aspects Regarding the Criminal Protection of the Right to a Healthy Environment
Paul Munteanu, Some Distinctions Between Money Laundering, Concealment, and Aiding
Sonia Almaș, Offenses Provided by Art. 24 of Law No. 50/1991 on the Authorization of Construction Works
Krisztina Karsai, New Trends in European Criminal Law
Ion Rusu, General Analysis and Critical Observations on the Provisions of Chapter 1, Title VII of the Draft New Criminal Code. Proposals for Amendments and Additions
Daniel Soare, Some Considerations Regarding the Legal Compliance Relationship
Bucur-Iulian Dediu, Theoretical and Practical Aspects of the Legal Regime of Penalties Applicable to Minor Offenders

II. CASE LAW
Robbery Committed in a Dwelling or Its Dependencies (High Court of Cassation and Justice, United Sections, Decision No. XXXI/2007), with commentary by Sergiu Bogdan and Anamaria Petre
False Statements. Declaration Made by a Representative Before a Notary Public (Cluj Court of Appeal, Criminal Section, Decision No. 409/R/2007), with critical note by Sergiu Bogdan

III. REVIEWS
An Introduction to the International Criminal Court, William A. Schabas, Cambridge University Press, Cambridge, 2001, republished 2003, 406 p. (Daniel Nițu)

IV. INFO
Prosecutors, Democracy, and the Rule of Law – Reflections on the Revision of the Prosecutor’s Status in Romania – Bucharest, 28–29 September 2007 (Diana Ionescu)
First World Conference on Criminal Law, Guadalajara, Mexico, 18–22 November 2007 (Florin Streteanu)
Specialization Course in European Criminal Law – “European Cooperation in Criminal Matters: Issues and Perspectives” – Syracuse, 24 October – 4 November 2007 (Cristian Miheş)

I. DOCTRINE
Miguel Ángel Boldova Pasamar, Child Pornography on the Internet: The Basis and Limits of Criminal Law Intervention
Săndel Lucian Macavei, Perspectives and Proposals Regarding the System of Criminal Appeals in Romania
Florin Doru Tohătan, The Impossible Offense
Corina Sabina Muntean, Prostitution in the Context of Human Trafficking
Daniel Soare, Critical Discussions on the Retroactivity of More Favorable Criminal Law Regarding Final Criminal Judgments

II. CASE LAW
Merger of Educational Measures with Sentences (High Court of Cassation and Justice, United Sections, Decision No. XXX/2007), with note by Florin Streteanu
False Statements. Declaration Made by a Representative Before a Notary Public (Cluj Court of Appeal, Criminal Section, Decision No. 409/R/2007), with critical note by Sergiu Bogdan
Discussions on the Criteria for Differentiating Attempted Qualified Murder Committed for Material Gain from Attempted Robbery (Galați Court of Appeal, Criminal Section, Decision No. 233/A/2006), with critical note by Bucur-Iulian Dediu

III. REVIEWS
Romanian Criminal Law. Special Part, Avram Filipaş, Universul Juridic Publishing, Bucharest, 2008, 509 p. (Sergiu Bogdan)

IV. INFO
Specialization Course in European Criminal Law – “European Cooperation in Criminal Matters: Issues and Perspectives” – Syracuse, 24 October – 4 November 2007 (Cristian Miheş)
International Simulation – United Nations – Development as Freedom: Promoting Equal Chances for Opportunities and Resources – Bonn, 3–7 December 2007 (Daniel Nițu)

I. DOCTRINE
Helmut Satzger, The Internationalization of Criminal Law as a Challenge to the Principle of Clarity
Daniel Nițu, A Look at the Offenses Provided by the Statute of the International Criminal Court
Betinio Diamant, Observations on the Draft of the New Criminal Code
Georgeta Sabău, The Circumstance of Premeditation and Provocation – Discussions on the Possibility of Their Coexistence
Daniel Soare, Roxana-Cătălin Drăguș, The Security Measure of Prohibition from Being in Certain Localities
Dan Cristea, At the “Grey Border” of Criminal Law: Moral Coercion
Doris Șerban, “Ethical” Abortion

II. CASE LAW
Jurisdiction of the Judge Entrusted with Deciding on a Preventive Arrest Request to Modify the Legal Classification Given in the Proposal Submitted by the Prosecutor’s Office (Cluj-Napoca Court, Criminal Ruling No. 18/C/A, Pronounced in the Council Chamber Session of 16 March 2008), with commentary by Adrian Cârstea

III. REVIEWS
European Protection of Human Rights and the Romanian Criminal Process, Mihail Udroiu, Ovidiu Predescu, C.H. Beck Publishing, Bucharest, 2008, 1043 p. (Diana Ionescu)

IV. INFO
Conference of Hungarian Lawyers in Romania, Băile Tușnad, Harghita County, 12–14 September 2008 (Sergiu Bogdan)

I. RECENT LEGISLATIVE ACTS
Emergency Ordinance No. 198 of 4 December 2008 on the Amendment and Completion of the Criminal Code (Sergiu Bogdan)

II. DOCTRINE
George-Cristinel Zaharia, Harmonization of the Offenses Provided by Law No. 678/2001 on the Prevention and Combating of Human Trafficking with Other Offenses
Florin Tohătan, Brief Considerations on the Offense Provided by Art. 91 of Government Emergency Ordinance No. 195/2002 on Road Traffic
Anamaria Petre, Considerations on Certain “Proper” Tax Evasion Offenses
Daniel Soare, Theoretical Aspects Differentiating Influence Peddling Offenses from Fraud

III. CASE LAW
The Principle of Finding the Truth. Principle of Officiality. Causal Link. Form of Participation (Cluj Court of Appeal, Criminal Section, Decision No. 370/R/2008), with note by Adrian Cârstea and Anca Ioana Ciglenean

IV. REVIEWS
Procédure pénale, 21st edition, Bernard Bouloc, Dalloz Publishing, Paris, 2008, 1055 p. (Betinio Diamant, Elena Blîndu)

V. INFO
International Simulation. United Nations: “Global Social Responsibility: Towards a Unification of the Needs of a Fragmented World” – Bonn, 1–5 December 2008 (Dan Sebastian Chertes)

I. DOCTRINE
Stefano Manacorda, An Assessment of Interferences Between Community Law and Criminal Law: Neutralization and the Obligation to Criminalize
Jorge Vizueta Fernández, Confiscation of Assets Produced or Used in the Commission of an Offense under the Spanish Criminal Code
Radu Chiriță, The Principle of Legality Enshrined in Art. 7 of the European Convention on Human Rights and the Obligations Imposed on Member States
Adriana Bucur, Considerations on Offenses of Human Trafficking and Pimping
Corina Sabina Muntean, The European Arrest Warrant. A Legal Instrument Capable of Replacing Extradition

II. CASE LAW
Council Regulations: Targeted Sanctions (Court of First Instance, Decision of 21 September 2005, Cases T–306/01 and T–315/01; Decision of 12 July 2006, Cases T–253/02 and T–49/04), with commentary by Peter Rackow and Ignaz Stegmiller
Decriminalization of Offenses of Insult and Defamation. Unconstitutionality (Constitutional Court, Decision No. 62/2007), with critical note by Florin Streteanu

III. REVIEWS
Criminal Law – in a Nutshell, Arnold H. Lowerby, Thomson West, St. Paul, 2003, 335 p. (Betinio Diamant)
Mafia of the Moneylenders, Mălin Bot, Humanitas Publishing, Bucharest, 2005, 185 p. (Artur Lakatos)

I. DOCTRINE
Dalina Groza, Probation as a Set of Sanctions and Community Measures. Implementing Authority. Difficulties in Assimilating Probation into Romanian Criminal Procedures
Miguel Ángel Boldova Pasamar, Mª Angeles Rueda Martín, The Fight Against Organized Crime in Spain
Rodica Burdușel, Arguments in Favor of Distinct Criminalization of the Offense of Forming an Organized Criminal Group
Paul Munteanu, The Impact of Justifying Causes in Cases of Negligent Offenses
Adrian Cârstea, Some Considerations Regarding Attempted Commission of an Omissive Offense

II. CASE LAW
People v. Edward Mitchell: Suppression of the First Video Confession in a Murder Case in the History of the State of Illinois [People v. Mitchell, C.A. Illinois 354 3d 396, 820 N.E.2d 1052, 1060 (1st Dist. 2004) and People v. Mitchell, C.A. Illinois, No. 1-02-1244, 2006 (1st Dist. Aug. 4, 2006)], with note by Steven W. Becker
Judicial Immunity. An Insult Committed by a Person, Consisting of Filing a Lawsuit Abusively Requesting the Injunction of the Injured Party, Lacks Social Danger. Acquittal of the Lawyer Who Assisted the Insult’s Author in Filing the Lawsuit under a Legal Assistance Contract (Cluj Tribunal, Criminal Decision No. 435/2006), with commentary by Sergiu Bogdan

III. REVIEWS
Internationales Strafrecht. Strafanwendungsrecht. Völkerstrafrecht. Europäisches Strafrecht, Kai Ambos, Verlag C.H. Beck, Munich, 2006, 491 p. (Daniel Nițu)

IV. INFO
Protection of Human Rights in Europe: Minimum Standards for Procedural Rights of the Accused/Defendants and Defense in Criminal Proceedings in Southeastern Europe. Regional Conference Supporting the German Presidency of the Council of the European Union – Bucharest, 13–15 May 2007 (Diana Ionescu)
Draft of the New Criminal Code

I. DOCTRINE
Daniel Nițu, The Consequences of the Pinochet Jurisprudence on Head of State Immunity
Dirk Clausmeier, Criminal Sanctioning of Holocaust Denial on the Internet in Germany
Adina Cozi, Considerations on Analogy and Extensive Interpretation in Criminal Law
Andrei Coman, Complicity and Correlative Offenses. Delimitations
Daniel Soare, The Evolution of the “Agent Provocateur” Concept. The Lack of Evidentiary Value of Certain Evidence Obtained Using Directed Provocation Techniques from the Perspective of ECHR Jurisprudence

II. CASE LAW
Directive 91/308/EEC. Prevention of the Use of the Financial System for Money Laundering. Obligation Imposed on Lawyers to Inform Competent Authorities of Any Fact That Could Indicate Money Laundering. Right to a Fair Trial. Professional Secrecy and Independence of Lawyers [Court of Justice of the European Union (Grand Chamber), Judgment of 26 June 2007, Case C-305/05, Ordre des barreaux francophones et germanophone, Ordre français des avocats du barreau de Bruxelles, Ordre des barreaux flamands, Ordre néerlandais des avocats du barreau de Bruxelles v. Council, with participation of the Council of Bars of the European Union, Ordre des avocats du barreau de Liège, preliminary ruling by Cour d’arbitrage (now Cour constitutionnelle), Belgium], with note by Cosmin Flavius Costaș
Provocation. Strong Disturbance or Emotion. Conditions (High Court of Cassation and Justice, Criminal Section, Decision No. 4038/2005), with commentary by Daniel Nițu

III. REVIEWS
Introduction to International Criminal Law, M. Cherif Bassiouni, Transnational Publishers, Inc., Ardsley, New York, 2003, 823 p. (Daniel Nițu)

IV. INFO
First Preparatory Colloquium of the XVIIIth Congress of the International Association of Penal Law – La Coruña, Spain, 5–8 September 2007 (Florin Streteanu)

I. DOCTRINE
Miguel Ángel Boldova Pasamar, On the Material Content of the Offense of Corruption of Minors or Incapacitated Persons under Spanish Law
Laurent Lafleur, Octavian Gabriel Pascu, Abu Ghraib, Guantanamo – Frankfurt am Main? The Daschner Case
Gheorghiță Mateuț, Subject-Matter Jurisdiction of Courts. Determining Jurisdiction in Relation to the Classification of Offenses into Crimes and Misdemeanors. The Content of the Current Regulation in Light of New Trends to Simplify Procedures, in Relation to European Requirements
Sergiu Bogdan, Awareness of Illegality and Its Effects in Criminal Law Error
Daniel Nițu, Effects of Factual Error in Cases of Statutory Mitigating Circumstances
Teodora Cătălina Godîncă – Herlea, Sexual Harassment. Controversial Aspects
Raluca Jurje, Offenses Provided by Law No. 39/2003 on Organized Crime. Distinctions Regarding Criminal Conspiracy
Florin Tohătan, Some Considerations on Certain Offenses of Destruction Regulated in Special Legislation
Adrian Tamba, Alina Costin, Observations on the Compatibility of Art. 24 para. (3) of Law No. 554/2004 on Administrative Litigation with Fundamental Principles of Criminal Law

II. CASE LAW
Law on Reproductive Health and Medically Assisted Human Reproduction. Decriminalization of Certain Acts. Unconstitutionality (Constitutional Court, Decision No. 418/2005), with critical note by Florin Streteanu
Distinction Between Concealment and Aiding an Offender. Possibility of Considering Both Offenses in Concurrence. Type of Concurrence (High Court of Cassation and Justice, Criminal Section, Decision No. 4646/2004), with commentary by Daniel Nițu

III. REVIEWS
Basic Concepts of Criminal Justice. Twelve Fundamental Distinctions within Criminal Justice – George P. Fletcher, Igor Dolea, Dragoș Blănaru, ARC Publishing, Chișinău, 2001, 412 p. (Daniel Nițu)

IV. INFO
Specialization Course in International Criminal Law – “European Cooperation in the Criminal Field: Issues and Perspectives”, Syracuse, 2–13 October 2005 (Cristian Miheș)

I. DOCTRINE
Diana Ionescu, The Warning Procedure. Consequences Regarding the Validity of the Accused’s Statements in Criminal Proceedings
Cosmin Bodescu, Some Considerations on the Foundations of the Position of Guarantor
Andreea Petruș, Particularities of Self-Defense in Cases of Offenses Against Property
Rareș Ciaușu, Considerations Regarding the Change of Legal Classification of an Act from an Offense Prosecuted Ex Officio to an Offense Requiring the Prior Complaint of the Injured Party
Adriana Bucur, The Influence of Motive and Purpose on Criminal Guilt
Claudia Rațiu, Sanctioning Situations of actio libera in causa
Larisa Popoviciu, A Look at Justifying Causes in Cases of Sports Violence
Flavius Cristea, Some Theoretical and Practical Considerations on the Theory of the Mediated Author

II. CASE LAW
Issuing Checks Without Cover. The Offense Provided by Art. 84 para. (1) point 2 of Law No. 59/1934 (High Court of Cassation and Justice, United Sections, Decision No. IX/2005), with critical commentary by Sergiu Bogdan

III. REVIEWS
The Revised Rules of Criminal Procedure (Effective December 1, 2000, with Latest Amendments, Infra), Edited by Jose N. Nolledo, Revised by Mercedita S. Nolledo, National Book Store, 2004, 85 p. (Betinio Diamant, Cosmin Suciu)

IV. INFO
Romanian-German Criminal Law Days (Deutsche-Rumänische Strafrechtstagung), Bucharest, 25 March 2006 (Sergiu Bogdan)

I. DOCTRINE
Florin Streteanu, Criminal Liability of Legal Persons under Law No. 278/2006
Daniel Nițu, Amendments Regarding Confiscation Brought by Law No. 278/2006
Sergiu Bogdan, Amendments to the Special Part of the Criminal Code by Law No. 278/2006
Dan Sebastian Chertes, New Discussions Regarding Acts Sanctioned as Offenses by Law No. 107/2006
Gheorghiță Mateuț, Amendments to the General Part of the Code of Criminal Procedure by Law No. 356/2006 and Government Emergency Ordinance No. 60/2006. Virtual Progressive Elements or a True Return to the Past?
Diana Ionescu, Amendments to the Special Part of the Code of Criminal Procedure by Law No. 356/2006 and by Government Emergency Ordinance No. 60/2006

II. REVIEWS
Droit pénal spécial, Michel Véron, 10th edition, Armand Colin, Paris, 2004, 408 p. (Betinio Diamant, Cosmin Suciu)

III. INFO
Specialization Course in International Criminal Law – “Doctrinal Foundations and Characteristics of International Criminal Law” (Syracuse, 11–21 June 2006) (Daniel Nițu)

I. DOCTRINE
Kai Ambos, Some Considerations on the General Part of International Criminal Law
Steven Becker, From Breisach to Rome: The Order of Legitimate Authority and Tu Quoque in the Post-Nuremberg Era
Radu Chiriță, The Right to Remain Silent and the Privilege Against Self-Incrimination
Ștefan Cosmin Oanță, Brief Considerations on Error Regarding the Elements of the Offense and Error Regarding Unlawfulness
Andreea Petruș, The Onset of the Protection of the Right to Life
Rodica Burdușel, Some Detailed Aspects Regarding the Offense of Sexual Harassment

II. CASE LAW
Rape. Victim’s Death. Absence of Prior Complaint by the Injured Party. Consequences (Cluj Court of Appeal, Criminal Section, Decision No. 342/9 December 2004), with commentary by Daniel Nițu

III. REVIEWS
Death Penalty – Victor L. Streib, Thomson West, 2005, 309 p. (Betinio Diamant, Gabriella Zsigmond)

IV. INFO
Romanian-German Economic and Investment Cooperation – Cluj-Napoca, 22–23 September 2006 (Sergiu Bogdan)

I. DOCTRINE
Gheorghiță Mateuț, Diana Ionescu, The Inadmissibility of Using as Evidence in Criminal Proceedings the Official Reports and Findings Obtained in Administrative Control Procedures
Florin Streteanu, Some Considerations on the Criminal Liability of Legal Persons under the Draft Law for the Amendment and Completion of the Criminal Code
Raluca Jurje, Certain Considerations Regarding the Temporal Application of Criminal Law Triggered by the Entry into Force of the New Criminal Code
Dan Sebastian Chertes, Controversial Aspects Regarding the Offenses Provided by Government Emergency Ordinance No. 31/2002
Daniel Nițu, Acts that Infringe Social Coexistence Relations. The Form of Illicit Conduct
Flavius Cristea, Considerations on Certain Provisions of Law No. 78/2000 on the Prevention, Detection, and Sanctioning of Corruption Acts
Alexandru Florea, Călin-Viorel Iuga, Some Current Considerations Regarding the Judicial Police

II. CASE LAW
The Distinction Between Involuntary Manslaughter and the Offense Provided by Art. 31 para. 2 of Law No. 10/1995 on Construction Quality. Causal Link. Material-Complementary Co-perpetration (Cluj Tribunal, Criminal Section, Decision No. 165/A/2005), with commentary by Sergiu Bogdan
Rape. Sexual Perversions. Meaning of the Expression “Sexual Act of Any Kind” (High Court of Cassation and Justice, United Sections, Decision No. III/2005), with critical note by Florin Streteanu and Daniel Nițu

III. REVIEWS
International Criminal Law and Human Rights – Claire de Than, Edwin Shorts, Sweet & Maxwell, London, 2003, 550 p. (Daniel Nițu)

IV. INFO
Specialization Course in International Criminal Law – “The New Wars of Terrorism and the Response of International Criminal Law” – Syracuse, 2