Aplication of the Criminal Law in time as for Thefts (art. 228- 229) (original) (raw)
Related papers
Enforcement in Time of the Criminal Law in Relation with the New Criminal Legislation
2013
The author accomplish a comparative examination over the criminal law provisions related to the enforcement of the more favorable criminal law in opposition with the previous regulation, underlining the added value and the shortcomings of the new Criminal Code. The presentation methods are based on examples, personal opinions and suggestions meant to improve the legal text subjected to this assessment. Finally, the author draws up his personal conclusions concerning the subject in question, briefly adding the main de lege ferenda proposals for the enhancement of the new criminal legislation.
Agora International Journal of Juridical Sciences
The article aims to analyze the changes introduced by the new Criminal Code inrelation to the criminal law enforcement in time, mainly in order to harmonize the criminalprovisions with some constitutional principles and also, for the reason of their easilyapplication in practice.From this perspective we can observe that the new Criminal Code has taken over thegreatest part of the provisions nowadays into force and also, has eliminated those provisionsin contradiction with the constitutional principles. Among the latter we can mention thoseprovisions which provide the retroactivity of the additional punishment, education and safetymeasures for reasons of public interest or the provisions relating to the optional applicationof the most favorable criminal law in the closed cases. We may see, also, the introduction ofthe laws declared unconstitutional and the Ordinances of the Government among the lawswhich are subjects for the application of the principle of the most favorable criminal...
STUDIA PRAWNICZE THE LEGAL STUDIES
Legal Studies no 3, 2018
There are numerous pathologies in the labour market. However, until now, no effort has been made to approach this subject from the perspective of crim-inology. In this study, I use the conceptual apparatus of criminology to create a model describing negative phenomena on the labour market. The key element of this model is referred to as a labour market delict (violation), a term which denotes any behaviour by a participant in this market which may lead to infringement of the rights of or damages to the possessions of another market participant, or which may create a threat to the common good, such as social order or justice, or which puts into question the economic and social meaning of work. Delicts of the labour market can be recognized in several areas, such as those involving wages, partner obligations, safety, or duties towards the workplace . The article also contains a theoretical model of labour market delicts and an analysis of preliminary empirical survey of this issue .
Legality and the Prosecution of Crimes
1989
The author makes an attempt to define the notion of legality in criminal justice. In the course of this he points out the differences between legality and officiality /to proceed ex officio/, and also determines the element of the principle of legality. The study deals among these with the duty of the state to investigate crimes, in details. It calls the attention to the constitutional problems being rooted in the selective prosecution of crimes, which also appear as problems concerning the distribution of power between the legislator and the agencies applying the law. The author challenges the principle of mandatory prosecution of all crimes because its enforcement cannot be granted which also raises constitutional tensions.
Narkomanija, policija i narkokriminal
2009
In the introductory part of the paper the authors were involved in reviewing the problem of drug abuse and drug-related crimes as sociopathological phenomenon with a wide range of criminal consequences. They also give a brief overview of the genesis and development of the basic causes of the wide prevalence of this phenomenon in the society. After that there is a cohesive review of the factors of drug addiction and crime (primary, secondary and tertiary drug-related crime), while the central section is devoted to typology and characterization of persons in the sphere of drug-related crimes and their relation to the police, as one of the entities that are actively involved in combating this social evil.Autori se u uvodnom delu rada bave razmatranjem problema narkomanije i narkokriminala kao sociopatološke pojave sa širokim dijapazonom kriminalnih konsekvenci i daju kratku genezu razvoja i pregled osnovnih uzroka široke rasprostranjenosti ove pojave u našem društvu. Zatim sledi razmat...
Kriminalističko postupanje na mestu događaja u uslovima velikih akcidenata
2009
Numerous and various events that are causing harmful consequences require the performance of numerous activities at the location of an event, bearing in mind the importance of their nature, causes, actors and other questions that are important in order to solve such cases, as well as large information potential of the scene of the event. Besides the measures such as help provided to injured persons, prevention of further destructive influence of causes of an event, remedy of consequences, etc., the important part within the procedures made on a scene of an event is the criminal investigation procedures, i.e. crime scene investigation. Complexity of such a procedure, besides the large number of specific and special actions, is the most visible within the conditions of massive accidents - emergency situations. In this paper the emphasize is on those circumstances that are mutual for the largest number of events that are following up those massive destructions and that are endangering ...
2017
Since 1995 when was approved the new criminal Code, is subjected to 19 additions and changes that in their majority have approved new criminal offences, or have aggravated punishments for the existing offences. Although these amendings have touched many institutes of the criminal law, the transformations of provisions having to do with the Sentencing policy, either in the general part or in the specific part have been weighty bringing a radical transformation of it . On the other hand, the aggravation of the sentencing policy accompanied by the increase and the improvement of the work of the law enforcement agencies, has brought a giant increase of the number of persons to whom is restricted freedom (predetained and detained person) and consequently an over population of penitentiary institutions. To respond to these abnormal situations, the Assembly has reacted by the approval of frequent and wide amnesties, by which have profited a great number of perpetrators of different criminal offences. The frequency of these amnesties and the wideness of their profiteers, have served as the main stimulant for the making of this article. On the other hand, through the analysis of the conditions and circumstances of their approval and the consequences they have brought in the criminal justice, we intend to come into scientific conclusions on the compatibility of the amnesties approved in our country with the principles of the rule of law, of legality, of equality and of humanity. Also, in the viewpoint of the criminal policy applied in our country in the two last decades, an integral part of this writing, will place the analysis of reasonability and of fairness of the usage of such depenalizing mechanisms “for solving the problem of prison overcrowding”.
Crimes Against the Carrying out of Justice in the Context of the Current Criminal Law
Journal of Legal Studies, 2015
The passing of the new codes was justified by the legislator by taking into account both the comparative law in the field, as well as the social and economic realities, the evolution of the doctrine and jurisprudence, the need for readjusting the punitive treatment within the normal limits, the simplification of the incriminatory texts and the need to avoid the overlapping of various criminal provisions.The current paper aims to analyze the offenses against the justice process, which have come to know new nuances in the current penal configuration, being distinctively specified in Title IV of the Penal Code‟s Special Part; the syntagm “Crimes hindering justice” has been replaced with “Crimes against the carrying out of justice”, since these crimes have not always effectively prevented justice from being carried out; sometimes they only posed a threat to the justice process. The changes regarding these offenses were justified by the legislator by invoking the need to ensure the legal...
The study is concerned with why there is increase of offences in the society despite the availability of legal enforcement machinery such as courts, quasi-judicial bodies, police force, and prisons. Literature related to various concepts and studies done on crime control were reviewed accordingly. The study was guided by the conceptual framework based on the researcher’s own conceptualization after a synthesis of a variety of literature. The study used mainly a qualitative approach employing a case study design. A total of 70 respondents were involved in the categories of law students, District Education Officers, Councilors, teachers, legal officers, judicial servants, police officers, laymen, and these were obtained through purposeful and simple random sampling procedures. Data for the study were obtained through interviews, questionnaires, focused group discussions, observation and review of documents and were qualitatively analyzed. The study findings revealed that, although there is law enforcement agencies, but crime increases due to increase of many factors such as science and technology, society development, globalization, weakness of the law and agencies such as police and judiciary which does not catch up with the development which the society has reached, life hardship and lack of employment or poverty in general. There is a call to the government, private individuals, legal practitioner, court officers, judicial servants, and members of the general public to be part of the law observer and every citizen should feel duty bound to obey the law and rebuke to any person who negligently, purposely or accidently breaks the law or causes the law to be disobeyed, generally everyone should be part of the society which considers rule of law
Studii și Cercetări Juridice, 2024
The study starts from the idea of an apparent collision between a decision of the Romanian court of constitutional control in the matter of the prescription of criminal liability and the C.J.U.E Decision C-107/23PPU / Lin of July 24, 2023 which justifies an at least tangential approach to the effects it can produce at the level of national court jurisprudence. From the point of view of the approach in specialized literature, the prescription of criminal liability appears as a legal institution having effects both on the level of substantive criminal law, failure to meet the deadline being a condition of no punishment, and on the level of criminal procedural law, being a condition of procedure, fulfillment of the limitation period preventing the exercise of the criminal action. If a national regulation, specific to another legal system, considers that the prescription of criminal liability belongs to procedural law, not to substantive law, it will be possible to modify that rule in order to extend the limitation period in respect of crimes for which it has not already been fulfilled, this term at the time of modification. From the perspective of stability, predictability and legislative coherence, of the effectiveness of combating criminality of all types in a logical and coherent structured way, from the perspective of criminological phenomena in contemporary Romanian society and the legal security needs of citizens and society as a whole, as well as the need the protection of democratic values in a context in which democracies are subjected to a test of resistance both within each democratic country and in a regional and global context, a rethinking of criminal policy and a "reset" of legislative measures regarding the Criminal Code is required and the Code of Criminal Procedure, but only on the basis of an in-depth analysis of the legislative developments described above, as well as with the consultation of all relevant actors within the judiciary, legal academia, the legal professions and civil society.