School PRONews Magazine

I. DOCTRINE

• Andrei Zarafiu, Giulia Şologon – Challenges, limitations and legal controversies in the application of confiscation following case dismissal (p. 9–35)
• Clement Mihai Resmeriţă – The offence of illegal access to an IT system in the case of interrogating a database by exceeding the limits of authorization. Case-law and comments (p. 36–53)
• Vlad Crăciun – Annulment of marriage and domestic violence (p. 54–66)
• Vlad Nicolas Ulici – The offense of using non-genuine documents in front of the customs authority. The necessity of criminalizing an extended application of the intellectual theory of forgery (p. 67–90)
• Cristina Laura Brici – Ne bis in idem. Obligations imposed on national courts arising from the Court of Justice of the European Union case-law (p. 91–113)
• Bianca Mihaela Neacşu – The recognition and enforcement of a Romanian criminal decision by a member state of the European Union (p. 114–134)
• Oana Bugnar-Coldea – Art. 10 of Law no. 241/2005 for the prevention and combating of tax evasion. Consequences of failing to prepare the forensic expert report (p. 135–145)

II. CASE LAW

• Cristian Valentin Ştefan – (I) The judicial individualization of punishments, in terms of their duration (II) Unlawful deprivation of liberty committed by endangering the victim’s life (p. 146–164)

I. DOCTRINE

• Sergiu Bogdan, Mihai Ștefan Ghica – Criminal liability of judges for abuse of office (p. 9–38)
• Ioan Andrei Stoian – Acts of aggression committed by military personnel and against military personnel during or in connection with the exercise of official duties (p. 39–47)

II. CONFERENCE

• Oana Lavinia Dumitrescu Lup – Statute of limitations of criminal liability in the perspective of Romanian courts. Analysis of the case law of national courts up to 12 April 2025 (p. 48–77)
• Claudia Cristina Povăliceanu – Internal and international transport of drugs by postal services (p. 78–112)

III. CASE LAW

• Mihail Udroiu, Radu Slăvoiu – The good faith exception – hypothesis for the covering of the effects of absolute nullity. Notes to the Minute of the Supreme Court no. 95 of the 12th of February of 2025 (p. 113–136)
• Ioana Curt, Anca Negru – Lack of proportionality: the possibility of claiming self-defence for someone who intervened in support of the initial attacker (p. 137–147)

I. DOCTRINE

• George Zlati – Fraud committed by means of information and communications technology (p. 9–28)
• Ana Maria Cara Drăgănescu – Unpaid community service. Legal and jurisprudential barriers regarding the possibilities of execution (p. 29–53)

II. CONFERENCE

• Mihai Popa – The compatibility of the presumption of guilt with the protection of the right to a fair trial. Evidentiary consequences (p. 54–77)
• Adrian-Florin Coşa – Incongruences between the bail applicable to a legal entity and the bail applicable to an individual – a national, European, North American perspective (p. 78–94)
• Gabriela Ola – Nulla poena sine lege – the influence of EU “contraventional law” on the principle of legality of criminal sanctions (p. 95–118)
• Ionuţ-Daniel Vîlceanu – Interpretation and (re)definition of the crime of actions against the constitutional order. Towards a French model? (p. 119–144)

III. CASE LAW

• Radu Slăvoiu, Mihail Udroiu – Money laundering. Lack of objective elements of the offence. Critical note on final judgment no. 35/F/2025 of the Bucharest Court of Appeal, Second Criminal Division (p. 145–151)
• Cristian-Valentin Ştefan – Qualified murder. The aggravating circumstantial elements related to the commission of the crime with premeditation (I) and cruelty (II) (p. 152–160)

I. DOCTRINE

• Lucian Criste – Request of the European Court of Human Rights for the issuing of an advisory opinion (p. 9–28)
• Raul Alexandru Nestor – Recognizing and guaranteeing the privilege of confidentiality in national anti-money laundering legislation (p. 29–56)
• Alin Chifor – The relationship between the offense of entrusting a vehicle and 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 art. 7 of Directive 2013/40/EU in Romanian criminal law. Obstacles in the transposition of the obstacle offence (p. 105–119)
• Cristian Andrei Ciornea – Ratio legis obscurus est ‒ Perspective on the malversation of public tenders (p. 120–129)
• Diana Andreea Ardelean – The (in)utility of art. 4 of Law no. 241/2005 for preventing and combating tax evasion (p. 130–141)
• Cristian Valentin Ștefan – The Chief Prosecutor of the Judicial Section position, at the Prosecutor’s Office attached to the Targu Mures Court of Appeal, for the period of 2017–2022 (p. 142–164)

I. DOCTRINE

• Gabriela Ligia Groza – Infanticide as a result of not being aware of the state of pregnancy (p. 9–28)
• Lucian Criste – Aspects related to the verification of jurisdiction of the criminal investigation authorities (p. 29–47)

II. CONFERENCE

• Eduard Gabriel Levai – A mighty plan in a cautious tone – Directive (EU) 2024/1260 on asset recovery and confiscation (p. 48–73)
• Mihai Ștefan Ghica – The subjects of the abuse of office offence (p. 74–129)
• Georgian Marcel Husti – Solutions to the problem of criminal liability for autonomous vehicles (p. 130–150)

III. CASE LAW

• Bogdan Mihai Dumitru – The possibility to replace or revoke the preventive arrest measure taken in absentia (p. 151–157)

I. DOCTRINE

• Daniel Atasiei, Mirela Mihaela Apostol – Preventive measures in the case of returning the case to the prosecutor’s office (p. 9–26)
• Cristian Vlad Drăjan – Aspects relating to the factual error regarding the constitutive elements of the offense (I) (p. 27–62)

II. CONFERENCE

• Ciprian Coadă – The impact of the statute of limitations of criminal liability on the right of the human trafficking’s victims to a fair trial (p. 63–107)

III. CASE LAW

• Ioana Curt – Lack of the causal link. Application of causality theories in a case involving the death of a police officer escorting the Minister of Internal Affairs (p. 108–130)
• Lucian Criste – Observations on a decision to return the case to the prosecutor’s office in the appeals proceedings (p. 131–145)
• Gabriela Ligia Groza – Is concealment of pregnancy an argument for retaining premeditation in domestic violence in the form of maternal infanticide? (p. 146–155)

I. DOCTRINE

• Cristian Vlad Drăjan – Aspects relating to the error of fact regarding the constitutive elements of the offence (II) (p. 9–45)

II. CONFERENCE

• Laurențiu Vasile Negrean – Methods of committing the money laundering offence provided by art. 49 of Law no. 129/2019 (p. 46–80)
• Gabriela Ola – The applicability of the legality of incrimination and sanctioning principle triggered by a change of rules regarding the application of the most lenient criminal law, imposed by the Court of Justice of the European Union through preliminary rulings (p. 81–111)
• Diana Lucaciu – Brief considerations on certain vulnerable groups (p. 112–149)
• Claudia Cristina Povăliceanu – The effects of drug use on criminal liability (p. 150–185)

III. CASE LAW

• Anca Ioana Negru – Observations regarding a sentence ordering the transfer of the case in relation to the objective criteria (p. 186–192)

I. DOCTRINE

• Sergiu Bogdan, Laurențiu Vasile Negrean – Application of the statute of limitations in light of the case-law of the Romanian Constitutional Court and of the High Court of Cassation and Justice (p. 9–26)
• Oana Bugnar-Coldea – The crime of tax evasion provided by Article 9 paragraph 1 letter c) of Law no. 241/2005. “Classical” mechanisms, problematic solutions (p. 27–40)
• Flavius-Bogdan Puie – VAT. Carousel Fraud in European Union (p. 41–66)
• Ronaldo-Denian Florea – Precarious detention conditions. Impediment to the execution of the European arrest warrant (p. 67–81)
• Daria Achim – In absentia trial in European law. A comparison with national law (p. 82–93)
• Diana-Andreea Ardelean – The difficulties of European judicial cooperation within the in absentia trials (p. 94–105)
• Cristian-Andrei Ciornea – In absentia trial at EU level. Procedural safeguards (p. 106–118)

II. CASE LAW

• Oana Bugnar-Coldea – Tax evasion. Failure to highlight in the accounting documents or in other legal documents the transactions carried out or the income. The notion of legal documents. Calculation of damage. Failure to register income, but its declaration to the tax authorities. Continuous, continued form of the criminal offence (p. 119–131)
• Anca-Ioana Negru – Breach of the loyalty principle. Threatening of the witness by the prosecutor and the criminal investigation bodies during the criminal investigation (p. 132–146)
• Bogdan Mihai Dumitru – The obligation of medical treatment, after the closing of the case. The necessity of the existence of a procedural capacity in the case, of suspect or defendant (p. 147–153)

I. DOCTRINE

• Mihail Udroiu, Mihai Popa – Prolegomena regarding unfair stratagems in evidentiary criminal proceedings (p. 9–30)

II. CONFERENCE

• Laurențiu Vasile Negrean – Problematic aspects in relation to the active subject of the money laundering criminal offence (p. 31–56)
• Cătălin Marin – Solving of the preliminary chambers procedure following the initial debates (p. 57–98)
• Diana Lucaciu – Illegal removal of tissues or organs from a deceased person (p. 99–124)
• Ștefana-Iuliana Sorohan – Custodial educational measures – a case-law perspective (p. 125–153)
• George Cristian Ioan – Particular circumstances concerning the plurality of offences in the case of minors and the rules for extending or replacing educational measures (p. 154–178)

III. CASE LAW

• Dan Lupașcu, Cătălin Marin – Violation of the special competence of the National Anticorruption Directorate. Inapplicability of the provisions of art. 50 para. (2) of the Criminal Procedure Code during the criminal investigation (p. 179–185)
• Cristian Valentin Ștefan – Preliminary chamber issues in the matter of tax evasion criminal offences (p. 186–195)

I. DOCTRINE

• Mihail Udroiu, Mihai Popa – Sanctioning unfair evidence (p. 9–30)
• Mihail Udroiu – A posteriori control of the legality of evidence resulting from the specific intelligence gathering activities (p. 31–53)
• Cristian Valentin Ștefan – Issues related to the precautionary measures in the matter of tax evasion offences (p. 54–62)
• Lucian Criste – A few aspects regarding the delegation of criminal judicial bodies (p. 63–81)
• Clement Mihai Resmeriță – Some considerations regarding the result of the offense of abuse of office (p. 82–95)

II. CONFERENCE

• Ciprian Coadă – Some considerations on the impact of the Romanian Constitutional Court Decision no. 176/24.03.2022 in regard to the special confiscation of certain excise tobacco products originating from smuggling (p. 96–122)
• Claudia Cristina Povăliceanu – The minor, passive or active subject of drug trafficking? Analysis of the special aggravating circumstances provided by art. 13 para. 1 let. c) and d) of Law no. 143/2000 on preventing and combating illicit drug trafficking and consumption, with comparative law aspects (p. 123–152)

III. CASE LAW

• Ionuț Borlan – The application limits of decriminalization in the case of the offence of assimilated smuggling in continued form (p. 153–169)

I. DOCTRINE

• Lavinia Valeria Lefterache – The effect of legislative changes in the matter of crimes against sexual freedom and integrity on the consequences of the criminal liability of minors (p. 9–23)
• Gheorghiţă Mateuț, Lucian Criste – Resumption of the Preliminary Chamber (p. 24–36)
• Adrian Stan – Consumption of alcohol or other psychoactive substances after a traffic accident. Brief opinions on a (re)incrimination (p. 37–59)

II. CONFERENCE

• Dorel Herinean – The unity of offence and the legal person. Specific conditions (p. 60–71)
• Ana Neagoe – Towards a new European Union policy on asset recovery and confiscation? (p. 72–109)
• Georgian Marcel Husti – Artificial Intelligence Systems in the European Union’s Perspective: Implications in Criminal Law (p. 110–138)

III. CASE LAW

• Cristian Valentin Ștefan – Appeal. Non-aggravating effect. Violation (p. 139–146)
• Bogdan Mihai Dumitru – The application of the principle of res judicata power in the case of preventive arrest (p. 147–160)

I. DOCTRINE

• Lucian Criste – Verification of precautionary measures in criminal proceedings (p. 9–30)
• Laurențiu Vasile Negrean – Complicity from the perspective of the moment of consummation of the criminal offence (p. 31–47)
• Ioana Narcisa Anițulesei – Refusal or avoidance from the collection of biological samples. Theoretical and practical aspects (p. 48–75)
• Alin Chifor – The criminal offence of entrusting a vehicle to be driven on public roads (p. 76–90)
• Radu Bogdan Călin – Adversarial proceedings during the criminal investigation. The assistance of the lawyer in carrying out the criminal investigation acts (p. 91–105)

II. CASE LAW

• Răzvan Anghel – Changing the legal qualification in the appeal proceedings. Definition of cruelty and reference to retrial. A critical note toward the Cluj Court of Appeal Criminal Decision no. 1618/A/2021 (p. 106–116)

I. DOCTRINE

• Andreea Daniela Năstasie – Conditional release. Particular issues (p. 9–31)
• Raul Alexandru Nestor – Regarding the admissibility on the restitution of the case to the prosecutor after the conclusion on the preliminary chamber proceedings (p. 32–57)
• Ofelia Maria Creța – Disputable aspects in relation to the place for the execution of the punishment (p. 58–81)
• Iulia Raluca Andrița – Aspects regarding the waiver of the prosecution (p. 82–101)
• Claudia Cristina Povăliceanu – Inequities regarding the incrimination of the criminal offence of abusive conduct in aggravated form (p. 102–122)

II. CASE LAW

• Bogdan Mihai Dumitru – The way of calculating the procedural term as provided by Article 207 paragraph (1) of the Criminal Procedure Code (p. 123–138)

I. DOCTRINE

• Laurențiu Vasile Negrean, Sergiu Bogdan – Assimilated smuggling (Article 270 paragraph 3 of Law no. 86/2006) – continuity of the discontinuity of an incrimination (p. 9–30)
• Oana Bugnar-Coldea – Excess of regulation in criminal matters. The Constitutional Court – possible “obstacle” in the way of this phenomenon? (p. 31–43)
• Ionuț Borlan – Challenge of the duration of the criminal trial (p. 44–73)
• Andra Maria Coț – European law v. national law in the field of fundamental human rights (p. 74–99)
• Cristina Nicorici – The capacity as owner of an immovable asset – source of the guarantor position (p. 100–111)
• Raul Alexandru Nestor – Peculiarities in the execution of judicial supervision measures and probation measures as alternatives to detention (p. 112–141)

I. DOCTRINE

• Flavia-Ioana Țuică – Transposition into national law of Directive (EU) 2016/343 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings (p. 9–23)
• Clement Mihai Resmeriță – The criminal justice system in Bulgaria – Comparative law. A Bird’s Eye View (p. 24–57)
• Ovidiu-Vasile Bozdog – The distinction between indirect intent and foreseeable fault in road traffic events (p. 58–101)
• Cristian Cupșe – Violence in sport. A research into the topic of its legal ground and the criminal relevance of the acts performed within the sports game (p. 102–146)

II. REVIEWS

• Michele Papa, Paz M. de la Cuesta Aguado, Valentina Dipșe – Fantastic voyage. În lumea dreptului penal special. Review (p. 147–150)

I. DOCTRINE

• Raul Alexandru Nestor – Evidence requirements for determining the blood alcohol level in the case of the offence of driving a vehicle under the influence of alcohol or other substances (p. 9–23)
• Radu Bogdan Călin – Tax evasion. A crime that requires a material result or only a state of danger? (p. 24–40)
• Clement Mihai Resmeriță – Considerations regarding the moment of commission of corruption offences when perpretated by carrying out several alternative modalities (p. 41–50)
• Ioana Narcisa Anițulesei – The offence provided in Article 4 of Law no. 143/2000 regarding the fight against illicit drug trafficking and use – possession of drugs for one’s own consumption, without right. The tempo of constitutionality or unconstitutionality at the apex of an era (p. 51–72)
• Cosmin Daniel Bulea – Judicial cooperation in criminal matters and respect for human rights. Current problems. Electronic evidence (p. 73–101)

II. CASE LAW

• Cristian Valentin Ștefan – Creating false documents. Waiver of the sentence. Groundlessness (p. 102–109)
• Cristian Valentin Ștefan – Again about enforcing the accessory penalty in the case of concurrent offences (p. 110–114)

I. DOCTRINE

• Lavinia Valeria Lefterache – Minority in the Criminal Codes (1864–2021). Brief history of legal vocabulary: from cocoons to minors, from skill to discernment, from mistake to crime and from moderate quarrels to educational measures (p. 9–38)
• Laurențiu Vasile Negrean – Problematic and current aspects regarding election offences. Preventing the exercise of electoral rights and corruption of voters (p. 39–56)
• Filip Andrei Lariu – Universal jurisdiction as a tool to prosecute international crimes (p. 57–89)
• Cristian Cupșe – Indecent exposure/public lewdness (p. 90–108)

II. CASE LAW

• Răzvan Anghel – The perjury following Constitutional Court’s decision no. 236/2020. The witness’s right to silence and the right not to incriminate oneself. A critical note to the criminal decision no. 413/A/2021 of the Cluj Court of Appeal (p. 109–118)

I. DOCTRINE

• Ionuț Borlan – The double jeopardy clause in the criminal case law of the Supreme Court of the United States of America (p. 9–71)
• Raul Alexandru Nestor – Inconsistencies in the disposition of the measure of pre-trial detention on the basis of Article 223 paragraph (1) letter d) of the Code of Criminal Procedure (p. 72–86)
• Ioan Răzvan Tuduce – Conditional release from prison. Current aspects from the caselaw (p. 87–116)
• Bogdan Mihai Dumitru – Theoretical and practical aspects regarding the notions of assistance and conventional representation in the Romanian criminal procedural law. The jurisprudence of the European Court of Human Rights on state-guaranteed legal aid and representation in the interests of justice (p. 117–132)

I. DOCTRINE

• Florin Streteanu – Brief considerations regarding the consequences determined by Law no. 146/2021 in the matter of plurality of offences sanctioning (p. 9–14)
• Raul Alexandru Nestor – The application of the more favorable criminal law in the case of Article 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 money laundering in relation to corruption offences. Practical reality or desideratum? (p. 29–41)
• Clement Mihai Resmeriță – About the condition of violating the law regarding the abuse of office offence (p. 42–55)
• Răzvan Anghel – The main penalty in case of concurrence of offences and intermediate plurality (p. 56–86)
• Alexandru Calița – Assessments regarding the offence of misleading the judiciary (p. 87–144)

I. DOCTRINE

• Nicolae Volonciu, Cătălin Marin – Theoretical, legislative and judicial aspects regarding the resumption of criminal prosecution (p. 9–25)
• Oana Bugnar – Hiding goods or taxable sources. The (Im)possibility of criminal prosecution for committing the offence provided by Article 9 paragraph (1) letter a) of Law no. 241/2005 in case the goods or taxable source derive from the committing of a crime or from the trading of such goods (p. 26–48)
• Cristina Tomuleţ – The conformity between the main currents in judicial interpretation and the principle of legality (p. 49–68)
• Georgiana Sas – The problematic consequences of applying mutual trust and recognition in the context of the European Arrest Warrant (p. 69–93)

II. CASE LAW

• Cristian-Valentin Ştefan – (1) Typical and unlawful act against the safety of traffic on the public roads. The impossibility to confiscate the driven vehicle. (2) Typical and unlawful act for which by the indictment act, the prosecution was ceased. Confiscation. Competence and procedure (p. 94–100)
• Daniel Niţu – Complaint against the prosecutor’s order not to start a criminal investigation or to drop charges. Parties of the case. Relocation of the case. Admissibility (p. 101–109)
• Cristian-Valentin Ştefan – Criminal procedural law issues in the practice of the Prosecutor’s Office attached to the Târgu Mureş Court of Appeal and the prosecutor’s offices under its jurisdiction, in the year of 2019 (p. 110–120)

I. DOCTRINE

• Mario Caterini – The challenges of Criminal Law in the face of new media (p. 9–27)
• Nicolae Volonciu, Cătălin Marin – Relocation and appointment of another court to try the case in the context of the Code of Criminal Procedure currently in force (p. 28–41)
• Sanda Ileana Pelea – Ne bis in idem – addition of criminal and fiscal or administrative proceedings. The case of Italy (p. 42–56)
• George-Cristian Ioan – The sanction of nullity 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 Resmeriţă – Exclusion of evidence obtained through electronic surveillance measures in criminal proceedings (p. 102–121)

II. CASE LAW

• Cristian-Valentin Ştefan – Enforcing the accessory punishment in the case of a concurrence of offences (p. 122–126)

I. DOCTRINE

• Andra-Roxana Trandafir, George-Alexandru Lazăr – The inapplicability of the preventive measure regulated by Article 493 para. (1) letter a) of the Romanian Criminal Procedure Code regarding the dissolution or liquidation of a legal person during an insolvency procedure (p. 9–25)
• Dorel Herinean – The consent of the victim expressed by legal entities as a cause of justification (p. 26–67)
• Raul Alexandru Nestor – Judicial aspects regarding the procedure and effects of the declaration of abstention of an entire court (p. 68–75)
• George Pelican – Controversial aspects regarding the apparent violation of the ne bis in idem principle (p. 76–101)
• Cristiana Petre – The statute of limitations following Constitutional Court’s decision no. 297/2018 (p. 102–110)
• Anca Vlad – Current issues regarding rehabilitation (p. 111–124)

II. CASE LAW

• Cristian-Valentin Ştefan – European arrest warrant. Optional reason for refusal. Criteria and benchmarks according to which the court rules on the execution (p. 125–131)
• Cristian-Valentin Ştefan – Post-execution recurrence. Previous successive punishments. Calculating the duration of the judicial rehabilitation term (p. 132–136)

I. DOCTRINE

• Valentina Dipşe – Some reflections about the concept of omission (p. 9–28)
• Mihai Ştefan Ghica – The historical perspective on the incrimination of abuse of office in Romania (p. 29–76)
• Răzvan-Adrian Truşcă – Sports violence (p. 77–96)
• Octavian Bochiş – Brief considerations regarding the preventive measures applied to children (p. 97–106)
• Paul Ghiban – The formal approach of the plea bargain procedure. Conditions. Consequences. Remedies (p. 107–117)

II. CASE LAW

• Cristian-Valentin Ştefan – Forgery of acts under private signature. (1) Contribution with support acts to the forgery of acts under private signature. Use of the forged act. Criminal participation form. (2) Contribution in two occasions to the forgery of two acts under private signature. Use of both forged acts in only one occasion. Number of material acts (p. 118–124)
• Cristian-Valentin Ştefan – Insurance fraud. (1) Immediate consequence. (2) The condition that the good has to be insured (p. 125–130)

I. CONFERENCE

• Ionuţ Vişinescu – Third party confiscation (p. 9–28)

II. DOCTRINE

• Cristina Nicorici – The theoretical foundation of the institution of commission through omission (p. 29–52)
• Ioana Curt – Confluence of risk – the effects of the victim’s simultaneous behaviour on the criminal responsibility of the offender (p. 53–81)
• Liana-Georgiana Marin – The applicability of the ne bis in idem principle throughout a criminal trial. The view of the European Court of Human Rights and the Court of Justice of the European Union (p. 82–104)
• Gabriela Ola – The application of the legality principle in light of the development of judicial cooperation in criminal matters at European Union level (p. 105–135)
• Dan Moroşan – Treaty-based control – the view of the ECtHR on confiscation (criminal confiscation, extended confiscation, non-conviction-based confiscation, third party confiscation) according to Directive 2014/42/EU (p. 136–178)

III. CASE LAW

• Cristian-Valentin Ştefan – Initial resultant punishment, applied for concurrent offences, whose execution is suspended under supervision according to the previous Criminal Code. A new offence, committed after the entry into force of the current Criminal Code and in the probationary period of the execution’s suspension under supervision of the initial resultant punishment. Intermediate plurality of offences. How to obtain the final resultant punishment (p. 179-188)

I. DOCTRINE

• Nicolae Volonciu, Cătălin Marin – The Institution of Waiver of Penalty Enforcement. Theoretical and Practical Contributions Regarding the Latest Regulations (p. 9–25)
• Ioana-Narcisa Aniţulesei – Brief Considerations on the Offences of Article 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 Offence Provided by Article 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 and the National Prosecutor’s Office (p. 67–77)
• Roxana-Alexandra Onea – VAT. Carousel Fraud in the European Union (p. 78–100)
• Cătălin Daniel Pop – European Arrest Warrant. Prospects (p. 101–118)
• Irinel Samoilă – The Need to Reverse the Onus of Proof in the Case of Relative Nullity in Criminal Trials (p. 119–127)
• Diana Ţugui – The Death of the Victim by Request – Active Euthanasia (p. 128–149)

II. CASE LAW

• Cristian-Valentin Ștefan – Destruction by Negligence. The Condition that the Degradation by Arson be Able to Endanger Other Goods or Persons (p. 150–154)

III. INFO

• Ioana Curt – “The New Criminal Codes 5 Years after Entry into Force” Conference, Cluj-Napoca, 22nd–23rd of March 2019 (p. 155–157)

I. DOCTRINE

• Cristinel Ghigheci, Vlad Neagoe – Technical supervision in light of the new solutions of the Constitutional Court – interpretation and application of decisions in the matter of the Constitutional Court (p. 9–53)
• Cătălin Marin, Cristina Teodora Pop – Decision no. 147 of 13 March 2019 of the Constitutional Court, regarding the Law for amending and completing Article 10 of Law no. 241/2005 on preventing and combating tax evasion and its effects (p. 54–72)
• Georgian Marcel Husti – Some aspects regarding the liability of autonomous vehicles (p. 73–96)
• Otilia Ghenici – Special case of review based on a decision of the European Court of Human Rights in the criminal trial (p. 97–113)

II. CASE LAW

• Cristian-Valentin Ştefan – Criminal procedural law issues in the practice of the Prosecutor’s Office attached to the Târgu Mureş Court of Appeal and the prosecutor’s offices under its jurisdiction, in the year of 2018 (p. 114–125)

III. INFO

• Diana Maria Ionescu – “Brexit and the EU Area of Criminal Justice”, Brussels, 25–26 April 2019 (p. 126–146)

I. DOCTRINE

• Ioana Curt – Succession of risks – the effects of the victim’s subsequent behaviour on the criminal responsibility of the offender (p. 9–40)
• George-Cristian Ioan – Natural absorption of offences in Romanian law (p. 41–55)
• Otilia Ghenici – The common cases of revision in criminal trials (p. 56–102)
• Daiana-Giorgiana Avăşan – Article 182 of Law no. 78/2000. A few “omissions” by the current criminal law doctrine (p. 103–119)
• Cristina-Andreea Butuc – An analysis of the offence of negligence resulting in breach of duty committed by the heads of business in the 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. CASE LAW

• 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