Elements of Criminal Law

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 preterintenţia 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.