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

The Concept of ‘Public Interest’ in Cases Concerning Holders of Public Office: A Jurisprudential Study

Crina Alina de Smet, George Cristian Schin — Sun, 30 Nov 2025 00:00:00 +0200

The article examines the concept of “public interest” in cases concerning holders of public office, through a systematic analysis of the jurisprudence of the Constitutional Court and the High Court of Cassation and Justice. The study follows how the courts have defined and applied the notion of public interest in relation to the status of the public official and persons assimilated to this role, highlighting the legal criteria that delimit the scope of public office. The comparative analysis of decisions delivered between 2014 and 2023 highlights the trend of a controlled expansion of criminal protection of the public interest and the consolidation of the principle of accountability for the exercise of duties in the service of the community. The conclusions emphasize the role of jurisprudence as the main instrument for clarifying the relationship between public office and public interest in contemporary Romanian law.

Artificial Intelligence and Criminal Liability

Adriana Iuliana Stancu — Tue, 09 Dec 2025 06:42:45 +0200

Technology and internet users can gain from AI and cybersecurity working together. AI can be utilized to identify cyberattacks and develop more potent defences. Machine learning algorithms, for instance, can be trained to identify odd computer network behaviours or suspect traffic patterns. They can aid in the prompt detection of cyberattacks, resulting in a quicker and more efficient reaction when handling security-related issues. What happens when artificial intelligence goes rogue, buys drugs on the darknet, or commits other criminal acts? Can it be punished? Only humans are subject to criminal accountability; legal persons are also subject to criminal liability, for which the primary sanctions are less effective than the complementary ones. In Dutch law, the use of AI is permitted in this capacity by amending the criminal provisions of the legislation. Still, the concept of the victim is assumed only when the victim is a human being, because only they are legally protected, from the use of their rights when they are also the beneficiary of social values, to the protection afforded by criminal law. Similar to the incrimination of legal persons, it would be able to incriminate AI that engages in criminal activity.

Aspects regarding the Distinction between ex officio Notification or by Denunciation of Criminal Prosecution Bodies

Monica Buzea — Tue, 09 Dec 2025 06:41:56 +0200

The means of notification, provided for in the Code of Criminal Procedure, is the starting point for the activity of the criminal investigation bodies, by notifying them of the commission of an act provided for by the criminal law. The methods of notification may come from natural or legal persons, ascertaining bodies or criminal investigation bodies may proceed to the notification ex officio, within the limits of their legal powers. The denunciation represents the form of notification by which a natural or legal person informs the competent judicial bodies of the commission of an offense, in compliance with the condition expressly regulated, in the content of art. 290 of the Code of Criminal Procedure, that it would be personal. Ex officio notification represents a prerogative of the criminal investigation body, exercised when it becomes aware that an offense has been committed, by means other than through a complaint, denunciation, or notifications made under the conditions of art. 291 of the Code of Criminal Procedure. In judicial practice, situations may arise in which the manifestation of will is expressed through a complaint that does not comply with the formal criteria established by the legislator, but the informative content can be used by criminal prosecution bodies, based on the legal attribution of ex officio notification.

Competition for requests: European arrest warrant and extradition

Mihaela Palade-Ropotan — Tue, 09 Dec 2025 06:40:57 +0200

Following the adoption of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, the simplification of formalities regarding the surrender of wanted persons has had a clear impact on judicial practice. Nevertheless, in situations where a third state submits an extradition request simultaneously with the issuance of a European arrest warrant by a Member State concerning the same person, the issue of prioritizing procedures arises. This study aims to analyze the conditions taken into account when adopting a decision that gives effect either to a particular European arrest warrant or to an extradition request. Equally, the research highlights the nature of the authority competent to resolve such a conflict, as well as the necessity of ensuring a right of appeal against the solution that grants priority to one of the procedures. With references to domestic case law and the practice of the Court of Justice of the European Union, the study provides a transnational dimension to the issues addressed, seeking to emphasize the importance of respecting fundamental rights and essential legal principles established at the European level in resolving competing requests.

The Correlation Between Contraventional And Criminal Abuse Of Power

Sergiu Bodlev — Tue, 09 Dec 2025 06:40:26 +0200

Abuse of power is one of the most serious violations of the principles of the rule of law, directly affecting public confidence in state institutions and the fairness of law enforcement. In the Republic of Moldova, abuse of power is regulated both in contravention and criminal law, which raises questions about the delimitation and correlation between these two forms of sanctions. This article aims to analyze the correlation between contraventional abuse of power and criminal abuse of power, taking into account the provisions of the legislation of the Republic of Moldova

The Use And Application Of The Polygraph Technique In The Analysis Of Simulated Behavior From A Tactical-Forensic Perspective

Laura-Maria Giana — Sun, 30 Nov 2025 00:00:00 +0200

In judicial practice, one of the fundamental objectives is to investigate the sincerity of persons suspected of committing acts provided for by criminal law, as well as of those who possess information or knowledge relevant to elucidating the circumstances of an act. Establishing the truth is essential not only for finding guilt or innocence, but also for ensuring a fair trial and the correct substantiation of acts of justice. Truth thus constitutes a central pillar of the criminal process, and any method that contributes to its identification must be used with responsibility and rigor.

In this context, the polygraph technique has acquired an important role as a complementary tool in the investigation of crimes. The polygraph, by monitoring the physiological parameters of the subject during the interview, can provide useful clues regarding the veracity of the statements, supporting the judicial investigation. However, the efficiency of this method depends largely on compliance with standardized procedures, the operator's training and the correct understanding of its limits.

The application of the polygraph is not an autonomous solution and cannot substitute other investigative methods, but functions as an auxiliary tool that complements traditional evidence. At the same time, the success of its use requires a thorough knowledge of the psychological and forensic paradigms involved, as well as a critical evaluation of the results obtained. Only by combining technical expertise with ethical and legal principles can the polygraph effectively contribute to identifying the truth and strengthening the act of justice.

Functional Structure of Criminology as an Interdisciplinary Science

Vadim Suhov — Sun, 30 Nov 2025 00:00:00 +0200

The article analyzes the functional structure of criminology as an interdisciplinary field that integrates descriptive, explanatory, predictive, preventive, and evaluative dimensions into a unified system of scientific inquiry. It outlines the theoretical foundations, methodological principles, and practical significance of these functions, emphasizing their cyclical and mutually reinforcing character. Special attention is given to the role of criminological functions in shaping evidence-based crime prevention and forecasting, as well as in supporting informed criminal policy. The study highlights contemporary challenges, including cybercrime, organized crime, and the growing need for data transparency, with illustrative references to the context of the Republic of Moldova. The article argues for a systemic and interdisciplinary approach to strengthen criminology’s capacity to address evolving forms of criminality

Considerations Regarding the Principle of Revocability of Administrative Acts

Stefania Cristina Mirica — Sun, 30 Nov 2025 00:00:00 +0200

The activity of the administrative public authorities is carried out in various modalities, the most relevant from a legal point of view being the issuance or adoption of administrative acts. Traditionally, in the national doctrine, it was stated the principle of revocability of administrative acts. This principle translates into the recognized possibility of the issuing authority or the hierarchically superior one to order the abolition of an administrative act based on reasons of illegality or inopportunity. This principle is strongly related to the principle of legality which is bound to govern the entire activity of the administrative public authorities. This article contains an analysis of the principle of revocability of administrative acts, based on the legal provisions that apply to this domain, the national and European jurisprudence and the interpretations issued in the specialized literature. Also, the paper aims to emphasize the need to collaborate this principle with the principle of legal certainty and legitimate trust.

A legal issue regarding the limits of the notification to the criminal court in the matter of changing the legal classification ex officio

Liliana Niculescu — Sun, 30 Nov 2025 00:00:00 +0200

The issue of the limits of the notification to the criminal court, in relation to the notification act drawn up by the prosecutor, often raises practical difficulties, especially in situations where the court considers that the facts brought to trial may receive a different legal classification than the one retained in the indictment. Although art. 386 para. (1) of the Code of Criminal Procedure allows the court to change the legal classification of the act; the exercise of this prerogative must be done in compliance with the limits of the notification provided for in art. 328–329 of the Code of Criminal Procedure, according to which the indictment constitutes the notification act of the court and determines the act and the person for whom the criminal investigation was carried out and the criminal action was initiated.

About Civil Legal Documents which Minors can conclude themselves

Mara Ioan — Tue, 09 Dec 2025 07:01:05 +0200

By Law no. 140/2022, a series of changes were also made to the legal norms regarding the capacity to exercise, included in the Civil Code, not only concerning the persons who benefit from the new protection measures - special guardianship and judicial counselling -, but also to those applicable to minors. Our analysis aims to highlight the changes and clarify some of the issues raised by the opinions already formulated in the doctrine regarding them. Thus, we have shown that, theoretically, a person under the age of 14 can, in exceptional cases, have full capacity to exercise. We have also concluded that injury cannot be invoked in the case of acts of preservation and those of disposition of small value, and that not all situations in which a person is heard presuppose the conclusion, by him, of a legal document. In addition, we have identified a new case of virtual relative nullity, when the substantive condition required by art. 276 Civil Code at the conclusion of marriage, is not fulfilled. Finally, I have referred to the assimilation of the acceptance of inheritance and liberalities without burdens in the category of administrative documents, and I have criticised the opinion according to which art. 42 Civil Code applies to all minors.

Fraud by usucapion

Mariana-Alina Zisu, Rodica-Raluca Ștefănoaia — Sun, 30 Nov 2025 00:00:00 +0200

Usucapion is a legal mechanism by which a person can acquire ownership of an asset through continuous, public, and uninterrupted possession for a specified period, as prescribed by law. However, this legal instrument can be used fraudulently to illegally obtain property that does not rightfully belong to the person invoking it. Usucapion fraud occurs when a person forges documents, simulates possession, or misleads authorities to obtain an asset unjustly. These actions can constitute crimes such as forgery, deception, perjur,y or breach of trust. In this context, it is essential that usucapion is applied correctly and that attempted fraud is identified and punished according to the law.

Special Legal Issues Encountered In Establishing Protection Orders

Madalina-Elena Mihailescu — Sun, 30 Nov 2025 00:00:00 +0200

Romanian legislation in force, particularly Law No. 217/2003, has attempted to shed more light on issues that have long dominated and concerned our society—domestic and intimate partner violence— and finding viable solutions to reduce this phenomenon, which has reached alarming proportions in recent years, especially in rural Romania. The latest shocking case, in which an abusive husband against whom a protective order had already been issued kidnapped, raped, and killed his ex-wife with 15 knife wounds, shows us how deeply physical violence has penetrated family environments in Romania and how serious the consequences can be when drastic measures are not taken or when the competent authorities fail to respond appropriately in such cases.

This article aims to briefly analyze some of the unusual social and legal situations encountered in the establishment of protection orders, issues that raise questions both about the distinct interpretation of admissible evidence in the imposition of the measure and about the separate analysis of some courts regarding the application of relevant legislation.

The European Union Regulation on Artificial Intelligence

Adriana Iuliana Stancu — Tue, 09 Dec 2025 07:20:58 +0200

Objectives: Digitization in Europe is imposing itself as a vertiginously developing zone, using initiatives and regulations that emphasize excellence, trust, and responsibility. The European Union (EU) has adopted the first legislation in the world for regulating AI, the Artificial Intelligence Act. It classifies the risks associated with AI into four levels and sets strict rules for high-risk uses, such as diagnosing diseases or autonomous driving.

Proposals and methodologies: A universal framework based on risk analysis is introduced by this European Union Act, also known as Regulation, which was established to ensure that all Member States employ artificial intelligence in an ethically acceptable manner. In some instances, this framework necessitates a classification of AI usage. minimum, ordinary, very high, and useless.

Results and implications: The AI systems used for recruitment or in the medical field are considered high-risk and must comply with strict requirements, such as human supervision and the use of high-quality datasets. In contrast, AI systems that allow for a “social score” are prohibited, as they are considered a threat to the provisions of the Charter.

This new European law about digitalization is an important step to promote innovation and the safety of citizens' rights in the digital age.

Human Trafficking between Romania and the Republic of Moldova: Legislative Harmonization and Jurisdictional Controversies

Anca-Diana Maftei — Tue, 09 Dec 2025 07:21:44 +0200

The article examines the phenomenon of human trafficking between Romania and the Republic of Moldova from a comparative criminal law perspective. Starting from the incriminating provisions of the national penal codes, the analysis highlights the convergences generated by the Palermo Convention, as well as the legislative and institutional differences that create practical jurisdictional dilemmas. The research emphasizes the differing philosophies of sanctions, the role of specialized institutions (DIICOT and PCCOCS), and the importance of international cooperation through Eurojust and Europol. Through a narrative and applied approach, the study shows how territoriality, personal jurisdiction, and international standards influence the investigation and adjudication of cases. The innovative contribution lies in the integration of migration legislation within the criminal framework, demonstrating how expulsion, asylum, and residence permits interact with criminal sanctions. The article concludes that, beyond the severity of punishments, the real challenge lies in reducing the demand that fuels exploitation, underlining the fact that human trafficking remains one of the most dangerous and profitable forms of modern slavery.

Joint Investigation Teams and the Support Mechanisms for their Activities at the EU Level

Oana Elena Iacob — Tue, 09 Dec 2025 00:00:00 +0200

The present study examines general aspects concerning Joint Investigation Teams (JITs), one of the most recent and advanced forms of international judicial cooperation in criminal matters. It also explores various mechanisms through which, at the level of the European Union, support and encouragement are provided for the establishment and use of this form of judicial cooperation, to enhance, within all Member States, the investigative and judicial authorities’ capacity to engage in modern and efficient forms of collaboration aimed at combating cross-border criminality. The present study examines general aspects concerning Joint Investigation Teams (JITs), one of the most recent and advanced forms of international judicial cooperation in criminal matters. It also explores various mechanisms through which, at the level of the European Union, support and encouragement are provided for the establishment and use of this form of judicial cooperation, to enhance, within all Member States, the investigative and judicial authorities’ capacity to engage in modern and efficient forms of collaboration aimed at combating cross-border criminality. In this context, the paper highlights both legislative and institutional developments through which the European Union promotes and facilitates the creation of such Joint Investigation Teams. These teams represent a concrete and effective tool for the participating states in addressing specific cases where a criminal offence or an organized criminal group extends its activity across multiple jurisdictions.