Juridical Tribune - Tribuna Juridica

6

Authors: Assistant Professor Mihaela ROTARU

Legal rules are dynamic, meaning that they change depending on the evolution of the society at a certain time, in order to successfully meet the needs of regulation of social relations. The Criminal Code is no exception to this rule. Insult and slander have been decriminalized by the Law no. 278/2006, a situation which has led to changing legal content of other crimes, such as outrage, referred to in Art. 239 Criminal Code, by repealing its basic variant, relative to insult and slander. Instead, at the offense of abusive behavior, referred to in Art. 250 Criminal Code, the basic variant, represented by ,,the use of offensive language”, remained in force.

10

Authors: Professor Ph.D. Anca-Lelia LORINCZ

Aiming to ensure the celerity of the Romanian criminal trial, the legislative changes of the present Code of Criminal Procedure through Law no. 202/2010 have impacted also the matter of appeals, leading to fewer degrees of jurisdiction in most criminal cases. The actual Romanian Code of Criminal Procedure governs, as a general rule, the triple level of jurisdiction in criminal matters, dedicating two ordinary means of attack: the appeal and the recourse; consequently to the legislative changes of the present Code of Criminal Procedure (through Law no.202/2010), only the cases that are first trialed in a court can still undergo both ordinary means of attack. Also, Law no.135/2010 regarding the new Code of Criminal Procedure brings changes with regard to ordinary means of attack, and, implicitly, with regard to the levels of jurisdiction. Thus, with the purpose of ensuring the celerity of the criminal trial and the acceleration of the settlement of the criminal cases, under the circumstances in which there will be an increase of guarantees in the criminal prosecution phase and in the first instance trial, in the matter of means of attack the new code stipulates the ordinary means of attack of appeal, fully devolutive. Regarding the recourse, this will become an extraordinary means of attack (under the name of recourse in cassation), exercised only in exceptional cases and only for reasons of illegality.

20

Authors: Ph. D. Marieta SAFTA

This study examines - from a dual perspective - historical and teleological, the constitutional provisions that enshrine the presumption of lawful acquirement of assets, including the development and interpretation thereof in the case-law of the Constitutional Court, in order to create a framework for analysis of Law no. 63/2012 amending and supplementing the Criminal Code and Law no. 286/2009 on the Criminal Code, a law that establishes the measure of extended confiscation, expression of international regulatory concerns in this area.