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In this paper, I proceeded to examine the crime of false identity regarding the text of the act of incrimination. Thus, we analysed the subjects, as well as the objective and subjective side of the crime with direct reference to the recent judicial practice in the matter. We also highlighted the elements of similarity as well as those of differentiation between the texts of the two laws, the analysis being useful both from a doctrinal perspective and for the identification and application of the more favourable criminal law. The novelty elements consist in the analysis performed, with reference to the recent judicial practice, as well as in the citation of several authors from the Romanian doctrine. The paper is part of a university course to be published by a recognized publishing house in the field of legal sciences. By the way of approach, the paper can be useful to the students of the profile faculties in the country, as well as to the practitioners of the criminal law.

In this paper we have examined the crime of forgery in private documents, in terms of elements of the structure of the crime, such as the objective side, the subjective side, forms, ways of sanctions and some procedural aspects. We also considered the comparative examination of the current provisions in relation to those of the previous law. Given the references to recent judicial practice, the paper may be useful to students in the country's faculties, as well as to practitioners in the field of criminal law. The paper is part of a university course to be published by a recognized law firm.

Constructions made out of mortar and cement concrete are unveiled to advanced chemical corrosion processes, especially when placed in aggressive environments. The study follows the behaviour of concrete with a slag content of 10 % exposed to chlorine corrosion, as well as carrying out analyses aimed at monitoring the evolution of mechanical resistance of concrete samples, containing slag when immersed in various aggressive solutions. The corrosive agents acting on the above-mentioned elements are in particular chlorine ions. These compounds may also be found in considerable quantities in industrial emissions and their effect is intensified by an increase in humidity, temperature or steam, or other corrosive gases, possibly accompanied by inadequate ventilation. The analysis of complex chemical processes highlights the influence of different corrosive agents on the resistance of this concrete.

In order to ensure the safety of engineering structures and especially those with special regimen such as the viaducts requiring careful monitoring of spatial displacements, it is necessary to find an optimal combination of criteria that are evaluated by a multi-criteria analysis to avoid major structural degradation and their effects on of the entire structure that can generate catastrophes with major losses of human lives. In this paper we will present an optimization of the estimation functions of the evaluation criteria behaviour for the time monitoring of an engineering structure. In this paper, we are analysing a structure that has 50 years and that has a vital significance for Galati city from Romania. It is a 1.3 km-long viaduct structure connecting the city of Galati with ArcelorMittal steel company. The current legislation requires a plan for permanent monitoring of displacement in order to avoid accidents that can lead to loss of human life. Thus, we will quantify and discuss the effects of the different evaluation criteria behaviour and we will choose those that maximize the user's chances of responding without departing from those values that keep their study credible. In order to obtain the results of the multicriteria analysis, three monitoring cycles with three types of instruments on more than 30 tracking points were designed and performed.

In the present paper we have examined the institution of waiving the criminal prosecution, as provided in the current law, a text which was modified after the publication of the Decision of the Constitutional Court no. 23/2016. We also considered the formulation of critical opinions regarding the possible existence of other elements of unconstitutionality in the text in force. A very important aspect is the notification of the absence in the text, of some provisions that condition the application of the institution on the need to repair the prejudice caused to the victim. The paper can be useful to students and master students of the country's faculties, as well as practitioners in the field. Also, the work can be useful to the legislator for operating some changes in the current content of the text that regulates this institution.

Within the present study we have examined the constitutive content and the preexisting elements of the crime of obstructing justice. We should specify that this offense was not provided in the previous Criminal Code, representing from this point of view a novelty element for the new Criminal Code. However, we pointed out that the offense with similar legal content, without a marginal name, was also provided in two other normative acts, namely Law no. 85/2006 on Insolvency Procedure and G.E.O. no. 46/2013 regarding the financial crisis and the insolvency of the administrative-territorial units. The novelty elements of this paper aim both at examining the constitutive content, the preexisting elements, as well as in the comparative examination of the provisions of the present incrimination and the one existing in the normative acts referred to above. Also, as a novelty, we also support the necessity of completing the provisions of the law by including in its content, as bodies with attributions in the field, the judge of the preliminary chamber and the judge of rights and freedoms, institutions that cannot be assimilated to the term of court. This paper is part of a broader work to be published early next year, continuing to investigate crimes in the light of the new law. The work may be useful to students of law faculties, master students, and law practitioners.

This study examines one of the new incriminations recently introduced in the Romanian law, incrimination with a qualified active subject, its qualification consisting in his special quality, more precisely, the quality of lawyer or representative of one of the parties in a criminal or civil trial. The introduction of this incrimination was determined by the attitude and behavior of some lawyers that, crossing the line of their specific duties as defenders brought severe prejudices to the party they were defending or representing. The novelty elements consist in the analysis of this new offense, with a focus on the elements that are part of its constitutive content, emphasizing the objective aspect. The work can be useful for researchers in the field, for academics, as well as for the legal practice in the field.

Motivated by the lack of this incrimination in the 1969 Criminal Code, in this paper we have proceeded in examining the offense of evading removal measures in the country. In the paper we have considered the examination of the pre-existing elements of the offense, of its constitutive content, as well as of the legislative precedents. We also considered the examination of the similarities and differences between the two texts, which are absolutely necessary in the application of the more favorable criminal law in transitory situations. The novelties concern both the examination of the constitutive content of the offense and the comparative examination of the two crimes. The work may be useful to the university environment as well as practitioners in this field.

The current study examines the provisions of Law no. 151/2016 regarding the competences and concrete actions of the Romanian judicial authorities for the recognition and enforcement of a European protection order, sent for execution by a competent authority of another Member State. The novelty is the conducted examination, the critical opinions and de lege ferenda proposals. The paper is a continuation of other papers that relate to the complex activity of international judicial cooperation in criminal matters and the involvement of the Romanian legislator in transposing into the national law of the European legal instruments in the field. Given its structure and the way in which it has been designed, the paper can be useful to academics, practitioners in the field and to the Romanian legislator in terms of completion and modification of the legislative act under examination.

In the present study we have examined the specific provisions for certain investigative measures that may be subject to a European investigation warrant in criminal matters provided for in Directive 2014/41/EU of the European Parliament and of the Council of April 3, 2014 on the European criminal investigation order. Thus, we have examined each investigative measures provided in the European legal instrument through the national legislation of Romania, as in the terms of transposition of this legislative act into the Romanian law. The examination of the European legislative act allowed us to identify some dysfunctions in the settlement of some provisions, malfunctions which in the judicial practice of Member States’ competent institutions will cause numerous problems, both of interpretation and application. Among these we only highlight the lack of concrete provisions that oblige the judicial authorities of the countries involved in the issuance and execution of a European investigation order in criminal matters, to provide legal assistance to the persons who are conducting such procedures. In this context, we have formulated a series of critical opinions, complemented by appropriate de lege ferenda proposals, which may be useful to the European legislator from the perspective of amending and supplementing this legislative act. We have also stressed on the need of transposing the European legislative act into the Romanian law by adopting a special law and not by amending some provisions of the Criminal Procedure Code. The innovations in the paper refer to the examination of the investigative measures that can be arranged by issuing a European investigation order in criminal matters, formulating some critical opinions and appropriate de lege ferenda proposals. The paper can be useful to the academics, practitioners in the field, especially to the European legislator from the perspective of amending and supplementing the European legal instrument and also to the Romanian legislator that will have to transpose this legislative act into the national law.

In the paper I examined the constitutive elements of the blackmail offense provided by the Romanian law, as well as the elements of resemblance and difference in relation to the previous law. The examination also includes references to the judicial practice adopted by the courts in Romania, as well as some opinions on the application of the more favorable criminal law, having of course some elements of differentiation between the previous and the current regulations. The novelty elements of this paper consist both in the examination carried out as well as in the considerations regarding the application of more favorable criminal law in transient situations. The work may be useful to students in faculty and practitioners in the field of law enforcement.

The objective of the study aims at examining the provisions of Law no. 15 1/2016 on the European protection order and amending and supplementing certain legislative acts, starting from the transposition into the national law of the provisions of the European legal instrument. Also, in this study we have formulated some critical opinions, supplemented by de lege ferenda proposals which aim the improvement of the national criminal legal system. The innovations consist of both the conducted examination, supplemented by the interpretation of provisions of the Romanian law, the formulated critical opinions and the de lege ferenda proposals. The paper can be helpful to academics, particularly students of law faculties and practitioners in the field.

In this paper we have conducted a general examination of the instruments governing the European institution of the European evidence warrant, viewed as a new form of judicial cooperation in criminal matters between Member States of the European Union. The novelty consists of the conducted examination, the critical opinions and proposals de lege ferenda. The paper continues the scientific research achieved by publishing other studies and articles in some journals or proceedings of international or national conferences, which were examined by other European legal instruments regulating different forms of judicial cooperation in criminal matters or different forms of legal assistance. The work can be useful both to academics and practitioners, to the Romanian or European legislator with specific responsibilities in the area of international judicial cooperation in criminal matters.

Throughout this paper we have conducted a general examination of the principles under which it is regulated the newest form of European judicial assistance in criminal matters, namely, the European Investigation Order in criminal matters. The examination is focused in particular on the necessity and importance of establishing this new form of legal assistance in criminal matters between the Member States, given that it will override the order of freezing property or evidence in the European Union. When examining the general principles of this form of assistance we have noticed some imperfections of the European law, therefore we have formulated some critical opinions, supplemented by proposals of de lege ferenda. At the same time, given that up to May 22, 2017 the European legal instrument will have to be transposed into the Romanian law, we have formulated some proposals of de lege ferenda aiming at the improvement of Law no. 302/2004 on international judicial cooperation in criminal matters, republished, as amended and supplemented. The innovations of the work regard the examination of the general principles set out in the Preamble of the European legal instrument, the importance and the necessity for adopting this regulation, as well as formulating critical opinions supplemented by appropriate proposals de lege ferenda. The current study follows other works in the international and European judicial cooperation in criminal matters domain, published in some national and foreign publishing houses and in the volumes of international or national scientific conferences. The work can be useful to academics, practitioners in the field and to the Romanian legislator from the perspective of transposing the provisions into the national law of the European legal instrument.

In the current study we have examined the institution Sentenced Persons Held in Third Countries, in order to serve the sentence or the measure of deprivation of liberty in a penitentiary or a medical unit in Romania, focusing on the recognition of the foreign judgment by the competent courts in Romania. The conducted examination has revealed some shortcomings of the Romanian special law, which refers specifically to the absence of the convicted person from hearing to the appeal of the case, and his inability to defend. Also, it has been highlighted the fact that no Romanian legislator has taken into account the possibility of requesting the transfer of a minor convicted in a third State to a penalty or an educational measure of deprivation of liberty. The novelty of the work covers both examining the institution in the light of the Romanian jurisprudence and the formulated proposals de lege ferenda. The work also continues other studies published in some journals or volumes of international or national conferences, achieved in the context of researching the institution of international judicial cooperation in criminal matters. The paper can be helpful to scholars, master students and practitioners in this field.

Within the paper it is examined the institution of extradition between Romania and Serbia, in the light of the provisions of the Treaty into force and the Romanian special law. We have also achieved a comparative examination between the provisions of the bilateral instrument and that of the European Convention on Extradition of 1957, an aspect which highlighted some elements of resemblance between them, several provisions of the European legislative act being taken into the bilateral legal act. The elements of novelty of this paper concern the comparative examination of the two international legal instruments, references to Romanian special law and de lege ferenda proposal, through which we express our opinion for the adoption of a new law regulating the institution of extradition between the two countries. The work can be useful for academics and institutions with direct responsibilities in the domain of judicial cooperation in criminal matters in the two states.

In the present work it is examined one of the most important institutions of international judicial cooperation in criminal matters, namely the recognition and enforcement of a judgment passed by a competent judicial authority of a State, which is not part of the European Union. The examination takes into consideration the duration and scope of the recognition procedure and the conditions for recognition and enforcement, as they are provided in the Romanian law, recently amended. The work can be useful for judicial bodies with responsibilities in this area, and for academics. The innovations consist in examining this institution, and the way in which it has increased its importance in the international judicial cooperation in criminal matters. The paper continues further studies in this area, which will be complete by reediting the master course of international judicial cooperation in criminal matters, by the end of this year.

In the present work we examined the constitutive content of the offense of not complying with the regime of explosive materials, according to the new provisions of the new Criminal Code. The paper can be helpful both to theorists and those who carry their activity in preventing and combating crime of this kind. The innovations consist of the objective and subjective side examination of the crime, focusing on the changes in its legal content.

Within the paper it is examined the constitutive content of the offense on leaving post and the presence to work under the influence of alcohol or other substances according to the new criminal code entered into force on 01.02.2014. The novelty consists in the examination performed in the light of the new amendments and completions to the law, and the comparative analysis with the old law, considering the transitional situations involving the more favorable application of the criminal law. The paper can be useful to law students, academics and practitioners in the field, and all those interested in the new legislative amendments occurred in the Romanian criminal law, in this area.

Within this paper there were briefly examined the trafficking in persons offenses the two European normative acts, namely the Framework Decision 2002/629/JHA and the Directive 2011/36UE, which repealed the first instrument, and some aspects of legal content of offenses of the two acts. The innovation and interest elements are represented by the comparative examination and highlighted by the incriminations development, thus identifying new ways to prevent and combat them. The work can be useful to those practicing in this field and in the academic environment or to the European or Romanian legislator.

Representing an absolute novelty in the Romanian legislation within the paper it was examined the institution of renouncing to applying the penalty in the context of the provisions of the New Criminal Code, of implementing and changing the law. We are also presenting some critical comments and suggestion of lege ferenda, the work can be useful both for academic theorists and practitioners and also for the legislator with the entry into force of the New Criminal Code. The innovations presented in this stud text analysis and the critical remarks.

In this paper we examine briefly the provisions of two European acts establishing acriminal penalty system for discharges of polluting substances in waters under the jurisdiction of EUMember State. Although the two European legislative acts were adopted in 2005, the conductedresearch represents a novelty, and it can be useful both to theorists, practitioners in the field, and tothe European legislator. Essential contribution to the field, is to examine the documents adopted atEU level, as well as critical opinions formulated, completed and the need to supplement or takinganother piece of legislation, given the new changes in the structure of crime in the area, and the needfor effective preventive measures. Also, the paper highlights the need for increased specific activitiesof judicial cooperation in criminal matters between Member States, by adopting effective legislation,including the territorial jurisdiction and resolve operational conflicts of competence Also, the paperhighlights the need for increased specific activities of judicial cooperation in criminal mattersbetween Member States, by adopting effective legislation, including the territorial jurisdiction andhence the operative resolving conflicts of jurisdiction arising between Member States or between aMember State or a state not a member of the European Union.

In this paper we examine a topic in the field of European law, which is of particular interest, beingalways a novel subject, that is the protection and human rights within the complex activity of executing theEuropean arrest warrant by the judicial authorities of each Member State. The paper continues previousresearch materialized in some in studies and articles published in national or international specialized journalsor proceedings. The examination of the European arrest warrant institution has led to some conclusions,which ultimately need to certify the completion of some provisions, notably the ones regarding the mutualrecognition and increase of efficiency. The work can be useful both for practitioners and theorists in the field,the essential contribution consisting of the examination and the expressed critical opinions, which may lead tothe amendment and completion of the European legislative act.

In this paper we examine the internal and European provisions governing the institution ofrecognizing the forensic psychiatric expertise in the European Union, based on the European and internallegislation in the field. We previously conducted research on the recognition of judgments and judicialforeign acts emanating from another Member State, research that have resulted in studies and articlespublished in national or international specialized journals or proceedings. The work is useful for practitionerswho work in this area, and also for those interested in researching this institution. The essential contributionof this paper consists of the examination of the institution recognition in the light of the national and theEuropean legislation, the critical observations relating to certain provisions of the European legislative actsand proposals for completing and amending the European legal instruments.

The recognition and subsequently the execution of criminal penalties of deprivation of liberty byanother Member State, other than the one of the conviction, is an act of mutual trust between Member Statesof the European Union. However, the differences between criminal legal norms, particularly regarding theminimum and maximum limits of some punishment prescribed for the same offense, require a differentapproach in the sense that a member can not recognize and then enforce a sentence of deprivation of libertywith the maximum limits greater than its own legislation, for the same offense. This very sensitive issue wasresolved by adopting the Framework Decision 2008/909/JHA of the Council from 27 November 2008, wherethe European legislative act allows the executing Member State the re-individualization of the deprivation ofliberty sentence, the goal being that the penalty imposed is compatible with the internal law of theenforcement state. In the implementation of European legislative act depositions, any member State whichhas recognized such a court order, based on a legal decision ordered by a competent judicial body may stillre-individualize the penalty regarding its maximum limit. The examination of the European legislative acthighlights also some flaws that must be corrected, taking into account the possibility for the executingMember States to fully modify the applied punishment, as regards both its nature and its proportion applied inthe sentencing State.

Based on a dysfunction detected during the surrender of a pursued person under the European Convention on Extradition, the European Union instituted a new procedure that is the European arrestwarrant. Because initially the provisions of the Framework Decision 2002/584/JHA did not provide clear legal rules regarding which procedure to follow if the wanted person was not present at the trial, this situation was observed also by the European Court of Human Rights, it was amended and supplemented accordinglyby adopting the Framework Decision 2009/299/JAI. The evaluation of the provisions of both acts highlights the existence of some incomplete legal rules, which in time they will cause some dysfunctions regarding the issuing and the enforcement of a European arrest warrant. We also consider modifying and expanding thelegal rules relating to mandatory and optional reasons for the refusal of enforcement of a European arrest warrant, and the inclusion of educational deprivation of liberty measures in the category of the reasons that justify the request of the execution of a European arrest warrant. The originality of the work results from the analysis of the recent changes of the European legislative framework document and the critical opinions expressed about some stipulations, which in our opinion are incomplete. The paper can be useful not only for the Romanian legislator, but also for the European one, from the perspective of modifying the concerned legalacts and also the doctrine. It has a major importance in this domain for ensuring an area of freedom, security and justice in the European Union.

The European arrest warrant is the most important form of judicial cooperation in penal matters within the European Union, which is based on the mutual recognition of criminal judgments. The Europeanlegislative act that governs the institution is the Framework Decision no. 2002/584/JHA of 13 July 2002 on the European arrest warrant and the surrender procedures between Member States, amended and supplemented by the Council Framework Decision of 2009/299/JAI February 26, 2009. Although the first piece of the European legislative act has been transposed into our legislation by the Law no. 302/2004 on international judicial cooperation in criminal matters, with subsequent amendments, the modifying normativeact has not been transposed into national law. The research conducted on the depositions of special law and of the European legislative act, and especially on their implications in the internal and European judiciary practice, demonstrates the existence of some incomplete stipulations, secures the workability of the issuing,transmission and identification, pursuing and handing over the persons wanted by the Romanian judicial authorities in the Member States. A very special situation which is determined by the omission of national and EU legislator, in order to include the category of the persons submitted to the handing over and the minors against whom it was applied an educational and a deprivation of liberty measure, a situation which leads directly to the non execution of such sanctions of the minors. The originality of the work consists of the critical observation and also the proposals of lege ferenda which covers both the Romanian special law and also the European legislative act. At the same time the critical observations are useful not only for Romanian legislator who intends to supplement and modify the special law, but also for our doctrine.

The past years’ experience has proven that in the relations between the President and the Parliament, on the one hand, and between the President and the Government, on the other hand, a chain of failures appeared determined by the different interpretations of some constitutional provisions. These norms are designed in such a way that they create the possibility for some different interpretations which are not in accordance with the legislator’s intention and can cause a chain of political crises. Most discussions relate to the way the President designates a candidate for the office of Prime Minister when no political party has obtained an absolute majority in the Parliament, but it has formed a majority coalition in the Romanian Parliament pre or post-election. In this situation, that has been found in the past and will be found in the future in Romania, the specialists’ opinions are different, meaning that some of them identify the Parliament majority formed from multiple political parties or formations in the Parliament with the Parliament majority of a single political party, and some do not accept such an equation. This interpretation is very important because it is determinant for the person which shall be designated as candidate for the office of Prime Minister. The article emphasizes these aspects and makes proposals for the modification and expanding of some constitutional norms, so that the President’s prerogatives in his relations with the Parliament and the Government are very clearly defined.

Aware of the obligations assumed in fighting crime, Romania translated in itsinternal legislation the European Convention on the transfer of procedure in criminal matters,adopted in Strasbourg on 15 May 1972, ratified through Government’s Ordinance no.77/1999.The transfer of procedure in criminal matters is one of the forms of international judicialcooperation in criminal matter and represents an act on mutual trust in the organizing activityfor crime pursuit at the international level. According to law, the procedure transfer in criminalmatter consists in performing criminal procedure or continuing the procedures initiated by thecompetent Romanian authorities for an action that represents a crime, in accordance with theRomanian law and transferring it to another state. The procedure transfer in criminal matters isaccomplished only if the conditions expressly provisioned by law are fulfilled, respecting thenon bis in idem principle.

The unprecedented development of criminality at the social and economical levels, the tendency toglobalize some categories of crimes, of maximum gravity, as terrorism, armament traffic, drug traffic orhuman traffic, have determined the world states to undertake specific measures to prevent, combat and finallyreduce it. The first and most important measure taken by the Europe’s Council, regarding the intensificationof judicial cooperation in criminal matters was the adoption of the European Convention on extradition, inParis on 13 December 1957, completed by the two Additional Protocols in Strasbourg, on 15 October 1975and 17 March 1978. In this context, the release of the Council’s Framework Decision on 13 June 2002 on theEuropean arrest warrant and the procedures of delivery among the member states (2002/584/JAI) representeda natural decision, with the purpose of contributing at ensuring a free, secure and just European space. TheEuropean arrest warrant is a judicial decision through which a competent judicial authority of a EuropeanUnion member state solicits the arrest and delivery by another member state, in order to proceed to theprosecution, trial or execution of a penalty or safety measure that is privative of freedom.

Faberge's primary source of inspiration came from works of previous centuries. Translucent enameling was a valued technique in the nineteenth century that required several coats of applied enamel and the "firing" of the object in an oven after each coat. However, only a small number of colors were used in the nineteenth century, and so Faberge took it upon himself to experiment and soon came up with over 140 shades. Technique used by Faberge included guilloche, a surface treatment that could make waves and striations in the design and could be done by machine or by hand. Faberge used natural stones often found in abundance in the area. Fifty six Imperial eggs were made, forty-four of which have been located today and another two that are known to have been photographed. Another twelve Easter eggs were commissioned by Alexander Ferdinandovich Kelch, a Siberian gold mine owner. However, the Imperial Easter egg collection commissioned by the last of the Russian Tzars is the most celebrated. Fabergé was given carte blanche in creating the Imperial eggs, the only requirement being that each must be unique and each must contain a surprise.

The paper presents a study of the corrosive state of sculptures and art objects made from copper and bronze, the equipment used to detect and study defects and the methods and solutions for restoring the art object surfaces attacked by corrosion.