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Start Over Author "Anca-Lelia Lorincz" Journal perspectives of law and public administration
2 results on '"Anca-Lelia Lorincz"'

1. LEGAL NATURE OF THE DEPRIVATION MEASURE ORDERED DURING THE PROCEDURE FOR THE EXECUTION OF THE EUROPEAN ARREST WARRANT

Author

Anca-Lelia Lorincz and Adriana Iuliana Stancu

Subjects
international judicial cooperation in criminal matters, european arrest warrant, the right to liberty and security of person, custodial measures, unification of judicial practice, Law, Law in general. Comparative and uniform law. Jurisprudence, K1-7720
Abstract

In the framework of the procedure for the execution of the European arrest warrant, as a form of international judicial cooperation in criminal matters, it is necessary to take preventive measures of deprivation of liberty against the person requested by the issuing State. In order not to infringe the right to liberty and security of the requested person, deprivation of liberty through these measures must be carried out in strict compliance with the legal requirements set out in both international documents and domestic legislation of the Member States of the European Union. Compliance with the law can be ensured, however, only by developing clear, predictable legal rules that, as far as possible, do not give rise to different interpretations in judicial practice. From this perspective, starting from the finding of the nonunitary interpretation and application of some provisions of the Romanian special law on international judicial cooperation in criminal matters (Law no. 302/2004, republished), this study addresses the issue of the legal nature of custodial measures ordered prior to the resolution of the request for the execution of a European arrest warrant, respectively prior to the surrender based on a European arrest warrant, ending with a concrete proposal of law ferenda on completing these provisions in order to ensure a unification of judicial practice in the field.

Published
2022

2. OMISSION TO NOTIFY THE CRIMINAL INVESTIGATION BODIES IN THE EXERCISE OF THE PUBLIC FUNCTION

Author

Anca Lelia Lorincz and Tatiana Oprea

Subjects
Criminal Code, lcsh:K1-7720, Criminal Procedure Code, criminal trial, lcsh:Law, lcsh:Law in general. Comparative and uniform law. Jurisprudence, referral, public servant, lcsh:K
Abstract

This present study treats some aspects regarding the exercise of public office, from the perspective of criminal law and criminal procedural law. The violation of criminal legal norms, including by civil servants, leads to the appearance of one right conflict, the solution of which presupposes to draw the criminal liability of the perpetrator, following the deployment of a whole of activities that are part of the criminal proceeding. Applying the sanction corresponding to the criminal norm violated presupposes so therefore a criminal trial, which is why is useful one analysis, from the perspective criminal procedural law, of some aspects which visa the criminal liability of the civil servants. So that starting with a little theoretical considerations regarding of the intimation ways of the criminal prosecution bodies, stipulated by law to be possible to begin a criminal trial, then this study continues with the approach, including by reference to aspects of judicial practice, of the conditions in which may be engaged the civil servant's criminal liability to committing the offense of omission of the referral.

Published
2018

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