ALDEA (POP ) CODRUTA IOANA

UNIVERSITATEA ECOLOGICA BUCURESTI

ANUL - I - TG MURES

Elements of Criminal Law

Criminal Law Course - is a branch of public law.

Public Law - Constitutional Law
- Criminal Law
- Administrative Law
Private Law Civil Law
- Company Law
Dept Criminal is divided into three: . general ,criminal law ,
particularly criminal law . Criminal Law Criminal Procedure Law is
composed of a system of legal rules governing some social relations defense
by prohibiting the specific offenses under the penalties called punishment,
dangerous to the facts of social values in order to defend these values, either
through crime prevention, either by sentencing those who commit them. The
object of criminal law - is the social defense relations - these relations are
established between members of society for their compliance with certain
values: individual rights and freedoms of life, physical integrity, etc.. Social
relationships between pre-state defense - against a criminal act, the injured
party to retaliate. Revenge may be limited or unlimited (physical
destruction) - felt the need for States to defend others. He introduced
legislation, which must be respected. Criminal law is that spring springs
legal form that takes time to become a mandatory rule. Spring criminal law
is the law.
- The main source is the constitution Then comes the Criminal
Code. In it are contained both general rules and special rules.
- Completing criminal laws
- Criminal Code make provisions, but no crimes (Law
enforcement sanctions).
- Special non-criminal laws, the criminal provisions (Law on
combating tax evasion)
- Treaties and international agreements, if ratified.
Criminal legal relationships involves social relationship:
subjects, objects and content. Topics:
1. State - Criminal Law is included in public law, there are 2
types of reports:
a) legal compliance reports - involving compliance their
society through governmentnstitution. - b) legal relations of conflict - the state is an individual who

requires a standard, and for non penalty (police, judiciary)

2. Natural person has violated law.
Content: it rights and obligations for both subjects.
Subject: you need to conduct follow issues. Termination of legal
relationship - when the enactment comes out in force
- when committing the act prohibited (by law) legal
relationship conflict occurs
- amnesty or prescription.
- Theme: - crime
- criminal liability
- criminal sanctions
Offense (offense institution)
Is a socially dangerous act which, if committed by guilt and by the
criminal law. - Has three features (binding conditions):
a) an act that is socially dangerous act - any act of a person a danger
- allows us to distinguish an offense of an offense
b) guilt - is very important, there is a presumption of innocence .
c) providing for the offense in criminal law - every action must be
included in a legislative act to be punished.
Guilt - is that the subjective aspect of crime which includes
mental attitude of the perpetrator from the consequences of action and deed
(the person is aware of the facts and consequences). - Has three forms: an
intention an preterintenia a fault (intention extended)
Content-crime
3 a crime is a different offense - is needed to distinguish between
content and other criminal offenses
Definition: the content is composed of all the conditions required
by law to characterize the crime as an offense.
-Conditions:
a) the facts
b) of the perpetrator
c) of the object offense
d) the place and time of the crime
After falling in the time:
a) pre-existing conditions - concerning the subject and the subject
of crime
b) concurrent conditions - to fulfill any criminal offense - is about

place and time of committing the crime c) underlying conditions - satisfied

after the act
There are: a) essential or constitutive conditions b) accidental or
circumstantial conditions - are those mitigating or aggravating circumstances
Plurality of crime. Plurality of criminals
Plurality of crimes - is a situation where a person commits two or
more crimes
Has several forms: the contest of crime, recidivism, the plurality of
intermediate
-contest the crime - is the commission of two or more offenses by
the same person, before being finally convicted for any of them
Conditions: be two or more crimes committed
be committed by the same person may be committed
before being convicted for any of them
at least two crimes may be prosecuted
Ways:
real competition - it is committing more actions or
inactions
formal competition (or ideal) - is
when an act or omission, committed by the same person, due to
circumstances and consequences of products meets the elements of
several crimes.
- punishable by legal plurality - the highest penalty
-recidivism - is a form of multiple offenses is again committing a
crime by a person who has previously been finally convicted of a
crime
Ways:
postcondamnatorie - after conviction
postexecutorie - by implementing higher recidivism
or relapse
small - depending on severity provided there is a
conviction of a crime of some seriousness. Conditions: first
offense, second offense.
Plurality of criminals - is of 3 kinds: natural plurality,
plurality lodged several occasional (holding criminal)
1. plurality natural - each participant contributes to cooperate in
committing this crime because the act, by its nature, requires at
least two people
2. plurality established - involves a group of several persons for
committing the crime (plot, etc.)
3. occasional plurality (holding criminal) - committing the act
involves a number of people greater than necessary

Sanctions
- are the institutions of criminal law
- is the consequence of establishing liability for the acts committed
- are provided solely by the law or legal norms and are applied
only to criminal enforcement
- have a coercive nature
- are necessary and inevitable
- ways: penalties, security measures, measures educational
Participants in Criminal Proceedings:
. a. judiciary prosecutor - examines the file and sends it through an
indictment, prosecution of law enforcement investigators
b. police or judicial police investigation bodies
c. criminal investigation special court.
Judges prosecution (prosecution is conducted by chief
prosecutors and prosecutors)
Courts parquet
Court of Appeal parquet
- High Court of Cassation and Justice parquet - there
are: military courts maritime and river sections Special Courts
- hear some processes (eg administrative
constenciosul)
Parties
a. defendant
b. injured party
c. the civil
d.civilly responsible party
lawyer - the lawyer who provides legal assista
Designations court documents:
-conclusion - is an act of the court which is prepared by the
registrar at the end of each meeting
minutes - is the result of deliberation, the court ruling
sentence - the decision of the court case is resolved by the first
court
the decision - is the decision following the court ruling app
Deadline for regular appeals - 10 days
Review procedures - court decisions are final.