The Annals of “Dunarea de Jos” University of Galati. Legal Sciences. Fascicle XXVI

Aspects regarding the distinction between notification ex officio or by denunciation of criminal investigation bodies

Monica Buzea — 2024-11-30

The reporting means provided for in the Cpp are the starting point for the activity of the criminal investigation bodies, as a result of learning about the commission of an act provided for by the criminal law. The notification methods can come from natural or legal persons, ascertaining bodies or they can be notified ex officio.

The denunciation represents the notification made by a natural or legal person in connection with the crime that has been committed, with the condition that it be personal as expressly provided by the legislator, in the content of art. 290 Cpp. Ex officio reporting is an attribution of the criminal investigation body, exercised when it finds out that a crime has been committed, in any other way than through a denunciation or complaint.

In judicial practice, situations may arise in which the manifestation of will expressed through the denunciation does not comply with the criteria mentioned by the legislator, but the information provided can be exploited following the analysis carried out by the criminal investigation bodies, by exercising the attribution of ex officio notification.

Inapplicability of the principle of the 'more favourable law on traffic offences' (mitior lex) as regards the reduction of the period of suspension of the right to drive a motor vehicle

Camil Neagu — 2024-11-30

The retroactive application of the more favourable contravention law, being an exception to the rule of non-retroactivity of the new law with its introduction in the Romanian Constitution in 2003, has been intensely debated in case law and in the literature, as there have been situations where, under this ground, the recognition of benefits is invoked, which, in reality, do not fall within the notion of more favourable contravention law. Such situations have been identified in the field of road traffic regulations, which have been subject to frequent legislative amendments.

This paper aims to clarify whether this exception to non-retroactivity, i.e. the retroactive application of the more favourable traffic offence law, also applies to the reduction of the period of suspension of the right to drive motor vehicles, in view of the amendment of the Road Traffic Code through the adoption of Government Ordinance No. 1 of 27 January 2022 amending and supplementing Government Emergency Ordinance No. 195/2002 on traffic on public roads.

Respect for the principles of law, guarantee of respect for human rights and freedoms

Getty Gabriela Popescu — 2024-11-30

The general principles of law warrant unity, homogeneity, harmony and the ability to promote social relations. Legal principles are the result of social experience, and the practical benefit of knowledge of general principles is based on constructive actions directed at the legislator, drawing guidelines for the entire legal system.

On the other hand, general principles play an important role in the principle of justice, because those who are authorized to apply the law must know not only the law but also its spirit, and the principles of law must precisely define the spiritual essence of the law. . In other words, in some cases legal principles supersede regulatory rules. Finally, a judge cannot refuse to try a case on the grounds that there is no legal text for the court to decide, because he will be charged with a miscarriage of justice and will decide the matter based on the principles of the law.

The movement of legal principles leads to the unpredictability of coercive norms and guarantees the consistency and adequacy of laws.

The character of the material-legal relationships and their subjective composition - appropriate criteria for the common general competence in the Republic of Moldova

Alexandru Prisac — 2024-11-30

For a long time in the legal system of the Republic of Moldova, two criteria were the basis for delimiting the powers of jurisdictional bodies:

1) the nature of the legal relations from which the dispute arose;

2) the subjective composition of the parties to the delimitation of the jurisdiction of the courts and other jurisdictional bodies.

We do not recommend the re-incorporation of these criteria into the procedural legislation of the Republic of Moldova. We see their introduction in the national regulations of these criteria only through their materialization in the special rules delimiting the powers of the jurisdictional bodies, which would allow an accurate determination of the competence starting from the specific nature of the activity of the jurisdictional bodies. Thus, we consider that these two criteria that are the basis of the common general competence can constitute some configuration factors of the special criteria for establishing the competence of these entities. For example, when setting up a special rule of general competence resulting from the criterion "the nature of the legal relations from which the dispute arose" we identify it in art. 3 paragraph (2) from the Law on Arbitration no. 23 of 22.02.2008, which provides: "Claims related to family law, claims arising from lease contracts (rent) of residential premises, including disputes regarding the conclusion, validity, termination and qualification of such contracts, claims and patrimonial rights regarding homes cannot be the subject of an arbitration agreement". Thus, in our opinion, the criteria of the common general competence can find both direct and indirect materialization through the special rules of the special general competence.

Mechanisms and Strategies for Ensuring Universal Access to Legal Information and Assistance: The Experience of the Republic of Moldova

Vadim Suhov — 2024-11-30

This article examines the mechanisms and strategies for ensuring public access to legal information and assistance in the Republic of Moldova. The research analyzes the current state of the legal support system, including digital platforms, state-guaranteed legal aid, and the role of non-governmental organizations. Special attention is paid to four key approaches: development of accessible legal information sources, expansion of free and subsidized legal services, implementation of financial support mechanisms, and state-funded legal assistance programs. The study employs a comprehensive methodology combining various research methods, including systemic, formal-legal, and comparative approaches. The findings indicate that while Moldova has developed a multi-level system of legal support, there is still room for improvement in areas such as digital accessibility, coverage of rural areas, and financial support mechanisms. The article provides practical recommendations for enhancing the effectiveness of legal support systems and improving public access to legal information and assistance.

Human Trafficking: Legislative Framework, Investigation and Social Implications

Vadim Soltan — 2024-11-30

Human trafficking is one of the most serious and profitable forms of transnational organized crime, with significant implications for human rights and global security. This article examines the international and national legal frameworks of Romania and the Republic of Moldova, highlighting key legislative measures to prevent and combat this phenomenon. In addition, it explores investigative methods, including international cooperation, financial tracing, online monitoring, and victim testimony. The social implications of human trafficking are also analyzed, focusing on its psychological, economic, and societal impact. Finally, the article proposes measures to improve legislative efficiency, strengthen investigative tools, and improve victim protection.

Procedural Guarantees for Minor Participants in the Criminal Process

Anca-Lelia Lorincz — 2024-11-30

The accentuation of the criminal phenomenon in which minors are involved gives us the opportunity to discuss some procedural aspects regarding the guarantees provided by Romanian legislation, compared to European regulations, to protect the rights of these minors in the event of a criminal process. In this context, the present study aims to address the issue of regulated procedural guarantees for minors, regardless of the status (procedural quality) in which they may appear before the judicial bodies: either injured persons/civil parties, or witnesses, or suspects or defendants. Using, as research methods, documentation, scientific analysis, including comparative, as well as interpretation, the present work also presents the most recent legislative changes brought to the Romanian Criminal Procedure Code in the matter of procedural guarantees provided to minors participating in criminal cases. Finally, the study emphasizes the importance of these procedural guarantees from the perspective of ensuring both the respect of the fundamental right to a fair trial and the just resolution of criminal cases by finding out the truth and exercising the educational role of the criminal process, also advancing a ferenda law proposal for a better systematization of the provisions of the Romanian Code of Criminal Procedure.

Contravention negligence in service – balancing reality with regulations

Sergiu Bodlev — 2024-11-30

Within the legal system, the responsibility of civil servants and other categories of persons exercising official duties represents a fundamental aspect of maintaining legality and citizens' trust in institutions. The offenses of abuse of power, abuse of office, negligence in office, and excess of power are manifestations that can seriously affect the functioning of institutions and the fundamental rights of citizens. This article aims to analyze the offense of negligence in office from the perspective of relevant legislation, especially the Contravention Code of the Republic of Moldova, but also through the lens of doctrines developed by important authors such as Antonie Iorgovan, Virginia Vedinaș, Alexandru Țîclea Ioan Alexandru, Guțuleac V., Furdui S., etc. We will examine the constitutive elements of these acts as well as their implications in administrative and contravention law.

The Phenomenon of Drugs from Legislative Perspective

Mihaela-Corina Bucur — 2024-11-30

The complex social and health scourge of illegal drugs affects millions of people globally, with enormous negative consequences for both users and their families and communities. Drug use generates huge costs and harms to public health and safety, the environment and labor productivity, it brings with it threats to security, related to violence, crime and corruption; the illicit drug market is one of the main sources of income for organized crime groups, and drug trafficking affects stability and governance. Romanian legislation in the field underwent a significant change through the promulgation of Law 58/2024, which supplements Law 43/2000 and amends Law 194/2011, eliminating the possibility of serving the sentence under supervision in the case of cultivation, offering, sale, transport, purchase and possession of drugs . of high risk and international high-risk drug trafficking, as well as increasing the amount of punishments, in the sense that carrying out operations with products likely to have psychoactive effects constitutes a crime and this is punishable by imprisonment from three to 10 years. In order to combat drug-related crime, Romania seeks to strengthen security means by preventing, deterring and disrupting drug-related crime, through judicial cooperation and in the field of ensuring compliance with the law, operative data, interdiction, confiscation of assets derived from the commission of crimes, investigation and of crimes. border management. This punitive strategy is in dissonance with the new policy of the European Union, promoting public health and controlled legalization of drugs, practically proving that the strategy based on the fight against drugs has failed, exponentially increasing their consumption. The adoption of this philosophy of public health is an international constant, but also an urgent necessity for Romania, which acts as a responsible state, where the health - and not the punishment - of the consumer comes first.

The particularities of the civil servant's criminal liability in the case of the crimes of trafficking and buying influence

Maria Cristiana Ieremie (Coroiu) — 2024-11-30

In the exercise of the duties, the civil servant has the obligation to respect principles such as legality, impartiality and objectivity, transparency, responsibility in accordance with the legal provisions and others similar with the role of ensuring the exercise of the public service in the interest of the citizens as well as the central and local public administration authorities. The liability of the civil servant arises in the situation of violation of the legal provisions depending on the nature and severity of the consequences on the legal order and can be administrative-disciplinary, civil, contraventional and criminal. In this article, we will analyze the particularities of the criminal liability of civil servants in the exercise of their duties.

Considerations regarding the good faith of the guardian appointed to care for the major subject to the special guardianship protection measure

Geanina Manciu — 2024-11-30

The scientific research aims at identifying the necessary qualities of the appointed guardian to support the adult, which cannot take care of its interests due to the intervention of permanent and/or total deterioration of mental capacity. As a result, we will thoroughly examine the guardian's personal characteristics as attested to by the national court which oversaw the adoption of the special guardianship protection measure. We will present the legal obligations that the guardian must fulfill, expressly regulated by the legislator, and the civil and criminal sanctions that can be applied in case of abuse by the one appointed to protect the sick person. In addition, the legal control mechanisms of the guardian's activity at the disposal of the guardianship authority, respectively the court, are exposed, to supervise whether he acts in good faith in fulfilling his obligations. Our main approach concerns an examination of the relative judicial practice.

Enforcement of Court Decisions with Implications on Family Law

Liliana Niculescu — 2024-11-30

The enforcement of court decisions with implications for family law is a vital process in ensuring compliance with and implementation of court decisions in cases related to family matters. This process is essential for the protection and well-being of the families involved and for ensuring that their rights and obligations are respected under the law.
One of the main objectives of the enforcement of court decisions in family law is to ensure that the parties involved respect and fulfill their obligations under the court decisions.
The procedure for enforcing court decisions generally involves the strict follow-up of court orders and their implementation in practice.
In addition, in some cases, the enforcement of court decisions in family law may also involve the intervention of other institutions or authorities, such as the police or social welfare agencies, to ensure the protection and well-being of children or to ensure that the rights and obligations established by the court are respected.
It is important to emphasize that the enforcement of family law judgments is not always a simple or easy process, as there may be resistance from one or both parties involved. In such cases, the involvement of family law lawyers and other professionals is essential to ensure compliance with the court’s decisions and to protect the interests and rights of the parties involved.

The Status of Teaching Staff In Higher Education – about some "Innovations" Brought by Law no. 199/2023

Camelia Olteanu — 2024-11-30

Law no. 199/2023 of higher education, which also includes a legal norm regarding the status of teaching and research staff, is presented, in general, as a normative act that can be perfected, the legislator sometimes opting for the solution that, instead of improving the normative framework of interest, appealed to "unique" solutions, in disagreement with the logical and natural tendency to clarify this legal framework. Many rules from Law no. 1/2 of the national education (repealed) were taken over without the necessary additions, others are no longer found in the new legislation, even if it was necessary, which led, in our opinion, in some cases, to a decrease of precision and coherence, requirements that must characterize any normative act. Our study wants to highlight some of the new developments, point out some of the identified gaps, and propose a series of solutions for them.

Authors and the Art Market – Confronting Doctrinary Paradigms and Jurisprudence

Vincentziu Pușcașu — 2024-11-30

This paper examines the relationship between copyright doctrines and the development of the Romanian art market, focusing on the differences between Anglo-American and Continental European legal systems. Romanian law, rooted in the Continental tradition and influenced by French principles, emphasizes the moral and non-patrimonial nature of authorship, treating creative works as extensions of the creator’s personality. Conversely, the Anglo-American approach views copyright as an economic construct focused on reproduction and utility, prioritizing labor, skill, and marketability over personal ties to the work. Despite Romanian law’s Continental roots, the global dominance of Anglo-American norms has shaped perceptions among local practitioners, creating confusion and inefficiencies. This misalignment hinders the systemic development of the Romanian art market, complicating issues such as exhibition practices, monetization of works, and the transfer of rights. The study highlights the need for increased education on legal frameworks, greater professionalization through curatorial practices, and better integration of artist estates and succession-based rights management. By aligning legal principles with practical realities, the paper argues that the Romanian art market can overcome its structural challenges and unlock the economic and cultural potential of its cultural market. This research contributes to understanding how law and art intersect to influence the growth of the artistic and cultural market ecosystem.

Strategies of the European Institutions on Cyber Security, Artificial Intelligence, Algorithms

Adriana Iuliana Stancu — 2024-11-30

Objectives: Algorithms are becoming more widely used in decision making. However, as they become more prevalent in everyday life, there is a concerning lack of information among individuals, governments, and researchers about how they work, according to CEPA - the Center for European Policy Analysis. Only now are governments in Europe and the United States becoming aware of the possible ramifications of algorithmic judgments, such as inherent prejudice. Unfortunately, there is limited coordination across transatlantic countries on how to increase openness in algorithmic judgments while respecting developers' intellectual property rights. Recommendations and strategies: In the United States, legislation governing technology, such as the Algorithmic Accountability Act of 2019, has been stuck in Congress. However, among EU member states, France has prioritized algorithmic openness. Results and implications: The European Union institutions collaborated to draft Regulation (EU) 2024/1689 of the European Parliament and Council of 13 June 2024 establishing harmonization provisions on artificial intelligence and amend Regulation (EC) n. 300/2008, (European Union) no. 167/2013, (European Union) no. 168/2013, (IU) 2018/858, (IU) 2018/1139 and (IU) 2019/2144 and Directives 2014/90/IU, (IU) 2016/797 and (IU) Guideline/1, which will be applicable from August 2, 2026.

Access To European Funds – Criminal Implications

Gabriel Florinel Ion — 2024-11-30

This article investigates the criminal implications associated with accessing European funds in the legal context of the European Union and its member states. Accessing European funds is a complex process, in which organizations and institutions from member states can request and receive funding for various projects and initiatives.

However, there are risks related to the incorrect or fraudulent use of these funds, which can attract criminal consequences for those involved. In this context, the article examines the relevant European legislation, including the rules and regulations on the management and use of European funds, as well as the control and monitoring mechanisms implemented by the European Union and the Member States to prevent and sanction fraud and abuse.

Also, relevant case studies and practical examples are analyzed to highlight the types of crimes associated with fraudulent access to European funds and their legal consequences. Finally, recommendations are proposed for strengthening measures to prevent and combat fraud in accessing European funds and for ensuring compliance with legal and ethical norms in the use of these financial resources.

The Right to Financial Compensation for Victims of Crimes Committed on the Territory of the European Union

Mihaela Palade-Ropotan — 2024-11-30

Starting from situations generated in reality by the easy possibility of traveling outside the borders of the country of residence, respectively by the increase in transnational crime and the proportional increase in the number of victims of this type of crime, it was necessary to build a way of cooperation between the EU states to facilitate the procedure for obtaining fair financial compensation by these victims. Even if the procedure does not prove to be extremely transparent and well-known at the level of the EU countries, constant efforts are made to increase the level of legal aid granted to this type of victim, the public institutions of the EU states being actively involved in the process.

Constitutive Elements of Domestic Violence: Legal Developments, Victim Protection, and the Impact on Prosecution

Maria Vilcu — 2024-11-30

Domestic violence remains a pervasive issue, and addressing it requires a comprehensive understanding of its legal, social, and psychological elements. This article explores the constitutive elements of domestic violence, focusing on the crime's subject, the victim, the object, and both its objective and subjective sides. The study also examines significant legal developments in the field, particularly in Romania, highlighting the shift away from the principle of "reconciliation removing criminal liability" and the broader implications for prosecution. Despite these legislative advances, challenges persist, including securing victim cooperation in court, raising awareness of the legal framework, and ensuring the implementation of victim support services. A holistic approach is needed, combining legal protection with social support to help victims escape cycles of abuse and rebuild their lives. The article concludes by emphasizing the need for continued legal reform and robust victim services to protect individuals from domestic violence effectively.

Special Aspects Regarding the Protection of Children's Rights in the European Union and All Over the World

Mihaela Aghenitei — 2024-11-30

Objectives: The 1980 Hague Convention applies in all EU member states. for children under the age of 16 who are displaced from their habitual residence in another state or are detained in this second state unlawfully.

Also, Romania and the United States of America are partner countries in the Hague Convention on the Civil Aspects of International Child Abductions from 1980. The provisions of the Hague Convention could apply if the child was illegally moved to or from a country which is a party to this Convention and if the minor was under sixteen years of age at the time of his removal or detention.

Proposals and methodology: Children are entitled to enjoy full rights. That is why there is a need to raise awareness and improve knowledge of the legal standards that ensure the protection and promotion of these rights in Europe. The Treaty on European Union (TEU) establishes the Union's obligation to promote the protection of children's rights. The Charter of Fundamental Rights of the European Union (EU), EU regulations and directives, as well as the jurisprudence of the Court of Justice of the European Union (CJEU) have in turn contributed to the regulation of the protection of children's rights. Within the Council of Europe, many conventions focus on specific aspects of the protection of children's rights, from their rights and safety in cyberspace to adoption.

Results and implications: These conventions complement the protection granted to children under the European Convention on Human Rights and the European Social Charter, including under the jurisprudence of the European Court of Human Rights (ECHR) and the decisions of the European Committee of Social Rights (ECSR).

Criminal Responsibility of Minors: Comparative Law Study Romania – Ukraine – Republic of Moldova

Valentyna Nidelchu — 2024-11-30

This article provides a comparative legal analysis of the criminal responsibility of minors in Romania, Ukraine, and the Republic of Moldova, focusing on the key legal aspects: the legal object, the material object, the objective element, and the subjective element of the crimes committed by minors.
The study examines the minimum age of criminal responsibility, which varies between 14 and 16 years depending on the country and the gravity of the crime. It also explores the legal framework regulating the prosecution and sentencing of minors, emphasizing the role of discernment and rehabilitation-oriented measures.
The research highlights common principles, such as the prioritization of educational and corrective measures over punitive sanctions, while identifying differences in the application of detention and alternative sanctions. The findings suggest that all three legal systems aim to balance juvenile justice with social reintegration, aligning with international human rights standards.