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Annotated criminal code. Volume I. The general part - Voicu Puscasu, Cristinel Ghigheci
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Publisher: Universul Juridic
Author: Voicu Puscasu, Cristinel Ghigheci
Pages: 656
Publisher year: 2021
ISBN: 978-606-39-0786-9
Product Code:
9786063907869
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In this paper we have gathered everything that is relevant today, from a jurisprudential point of view, for the correct understanding, interpretation and application of the Criminal Code.
Under each cited norm, I have summarized an extract from the representative decisions of the European Court of Human Rights and the Court of Justice of the EU (not only their decisions in cases against Romania), but also from the binding decisions of the Constitutional Court and the ICCJ, pronounced in appeals in the interest of the law or in resolving legal issues.
Moreover, noting that in order to achieve the proposed goal, it is often very useful to know the arguments contained in the rejection decisions issued by the Constitutional Court regarding the exceptions of unconstitutionality raised or by the ICCJ regarding the notifications for pronouncing binding decisions for interpreting the law; clarifying some legal issues, we made the effort to evaluate them and include them where they contained significant elements for the correct understanding of the procedural-criminal norm concerned.
In addition, we have gathered the relevant decisions of the Supreme Court, the Supreme Court of Justice and the ICCJ, but also, sometimes, of some courts of appeal, decisions that have remained topical and may be of interest for completing the necessary legal information to know the correct interpretation. law enforcement.
The paper is wanted more than a compendium of representative and useful decisions. We tried to correlate the information presented and, sometimes, to comment on it, punctually, through minimal interventions, in footnotes.
For those who do not find in the jurisprudence the answer to the problems that the procedural norm raises, we tried to direct the documentation effort by mentioning, under each norm, the articles published in the main specialized magazines, because sometimes the doctrine manages to raise not only questions. still not addressed by jurisprudence, advancing possible answers to them, but also to comment, more or less pertinently, some jurisprudential solutions.
Last but not least, we have included a module dedicated to organized debates on non-unitary practice issues, conducted by the judiciary at the highest level of the judiciary, convinced that they are of real interest and can be added to others. above-mentioned modules, completing the useful information for the correct knowledge and understanding of the criminal matter.
Under each cited norm, I have summarized an extract from the representative decisions of the European Court of Human Rights and the Court of Justice of the EU (not only their decisions in cases against Romania), but also from the binding decisions of the Constitutional Court and the ICCJ, pronounced in appeals in the interest of the law or in resolving legal issues.
Moreover, noting that in order to achieve the proposed goal, it is often very useful to know the arguments contained in the rejection decisions issued by the Constitutional Court regarding the exceptions of unconstitutionality raised or by the ICCJ regarding the notifications for pronouncing binding decisions for interpreting the law; clarifying some legal issues, we made the effort to evaluate them and include them where they contained significant elements for the correct understanding of the procedural-criminal norm concerned.
In addition, we have gathered the relevant decisions of the Supreme Court, the Supreme Court of Justice and the ICCJ, but also, sometimes, of some courts of appeal, decisions that have remained topical and may be of interest for completing the necessary legal information to know the correct interpretation. law enforcement.
The paper is wanted more than a compendium of representative and useful decisions. We tried to correlate the information presented and, sometimes, to comment on it, punctually, through minimal interventions, in footnotes.
For those who do not find in the jurisprudence the answer to the problems that the procedural norm raises, we tried to direct the documentation effort by mentioning, under each norm, the articles published in the main specialized magazines, because sometimes the doctrine manages to raise not only questions. still not addressed by jurisprudence, advancing possible answers to them, but also to comment, more or less pertinently, some jurisprudential solutions.
Last but not least, we have included a module dedicated to organized debates on non-unitary practice issues, conducted by the judiciary at the highest level of the judiciary, convinced that they are of real interest and can be added to others. above-mentioned modules, completing the useful information for the correct knowledge and understanding of the criminal matter.
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Annotated criminal code. Volume I. The general part - Voicu Puscasu, Cristinel Ghigheci
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Voicu Puscasu
The author has a rich professional experience, both as a judge (since 2010 he is a judge in the criminal section of the Deva Court), and as a lawyer (in the period 2005-2010), being also a teacher - university lecturer in Faculty of Law from the West University of Timisoara.
The author graduated from the undergraduate studies of the same faculty (in 2004), as well as the master's studies (2006) and, respectively, doctorate (2009), and, more recently, those of the post-doctoral study program (2014- 2015), the result of the latter being materialized in the realization of this paper.
The present monograph continues the previous efforts of the author, both for the analysis of some fundamental procedural guarantees, but also for the overall regulation that the new criminal and criminal procedure codes propose. Thus, the author has previously developed over 20 articles and studies, but also reference monographs for knowledge of the old, but especially of the new regulatory framework, the latter mentioning the following: New criminal proceedings (Universul Juridic Publishing House, 2014), New Code annotated criminal code (Hamangiu Publishing House, 2014), Criminal Code annotated with jurisprudence (Mirton Publishing House, 2013), Criminal proceedings. Synthesis. Judicial practice. Models of minutes, (Universul Juridic Publishing House, 2012) and The Presumption of Innocence, (Universul Juridic Publishing House, 2010).
Cristinel Ghigheci
studied
- defended his doctoral thesis at the Institute of Legal Research of the Romanian Academy, in the field of Criminal Law, 2011
- master graduate, Faculty of Sociology and Law, Transilvania University Brasov, 2007
- graduate of the National Institute of Magistracy, 2001
- graduate of the psycho-pedagogical module, Valahia University Targoviste, 2001
- graduate of the Faculty of Law, University of Wallachia Targoviste, 2000
Professional experience
- judge at the Brasov Tribunal, from April 1, 2008 until now
- delegated judge for the execution of custodial sentences at Codlea Penitentiary, Brasov County, May 1, 2007-December 31, 2007
- judge at the Zarnesti Court, November 1, 2002 - May 1, 2007 and January 1, 2008 - March 31, 2008
- trainee prosecutor at the prosecutor's office attached to the Moreni Court, Dambovita County, September 1, 2001 - November 1, 2002
- preparator for special criminal matters (2000-2001) and criminal procedure (2001-2003) at the Faculty of Law, Valahia Targoviste University
- referent within the General Directorate of Labor and Social Protection Damboviţa, 1996-2000
Published studies
Article 1: “Issuance of checks without coverage. Controversies ”, published in the JOURNAL OF CRIMINAL LAW no. 4/2001
Article 2: "Crimes in the field of information technology", published in the JOURNAL OF CRIMINAL LAW no. 2/2002
Article 3: "Interceptions and audio or video recordings", published in the JOURNAL OF CRIMINAL LAW no. 3/2004
Article 4 “Destruction. Guilt. The admitted risk ”, published in the JOURNAL OF CRIMINAL LAW no. 3/2005
Article 5: “Complaint in court against the prosecutor's solutions. Controversies ”, published in the JOURNAL OF CRIMINAL LAW no. 1/2006
6. article “Criminal liability in case of deeds committed with a very slight guilt”, published in the magazine DREPTUL, no. 9/2006
7. article “Prosecution and trial in the absence of the defendant” published in the magazine DREPTUL, no. 8/2007, etc.
The author has a rich professional experience, both as a judge (since 2010 he is a judge in the criminal section of the Deva Court), and as a lawyer (in the period 2005-2010), being also a teacher - university lecturer in Faculty of Law from the West University of Timisoara.
The author graduated from the undergraduate studies of the same faculty (in 2004), as well as the master's studies (2006) and, respectively, doctorate (2009), and, more recently, those of the post-doctoral study program (2014- 2015), the result of the latter being materialized in the realization of this paper.
The present monograph continues the previous efforts of the author, both for the analysis of some fundamental procedural guarantees, but also for the overall regulation that the new criminal and criminal procedure codes propose. Thus, the author has previously developed over 20 articles and studies, but also reference monographs for knowledge of the old, but especially of the new regulatory framework, the latter mentioning the following: New criminal proceedings (Universul Juridic Publishing House, 2014), New Code annotated criminal code (Hamangiu Publishing House, 2014), Criminal Code annotated with jurisprudence (Mirton Publishing House, 2013), Criminal proceedings. Synthesis. Judicial practice. Models of minutes, (Universul Juridic Publishing House, 2012) and The Presumption of Innocence, (Universul Juridic Publishing House, 2010).
Cristinel Ghigheci
studied
- defended his doctoral thesis at the Institute of Legal Research of the Romanian Academy, in the field of Criminal Law, 2011
- master graduate, Faculty of Sociology and Law, Transilvania University Brasov, 2007
- graduate of the National Institute of Magistracy, 2001
- graduate of the psycho-pedagogical module, Valahia University Targoviste, 2001
- graduate of the Faculty of Law, University of Wallachia Targoviste, 2000
Professional experience
- judge at the Brasov Tribunal, from April 1, 2008 until now
- delegated judge for the execution of custodial sentences at Codlea Penitentiary, Brasov County, May 1, 2007-December 31, 2007
- judge at the Zarnesti Court, November 1, 2002 - May 1, 2007 and January 1, 2008 - March 31, 2008
- trainee prosecutor at the prosecutor's office attached to the Moreni Court, Dambovita County, September 1, 2001 - November 1, 2002
- preparator for special criminal matters (2000-2001) and criminal procedure (2001-2003) at the Faculty of Law, Valahia Targoviste University
- referent within the General Directorate of Labor and Social Protection Damboviţa, 1996-2000
Published studies
Article 1: “Issuance of checks without coverage. Controversies ”, published in the JOURNAL OF CRIMINAL LAW no. 4/2001
Article 2: "Crimes in the field of information technology", published in the JOURNAL OF CRIMINAL LAW no. 2/2002
Article 3: "Interceptions and audio or video recordings", published in the JOURNAL OF CRIMINAL LAW no. 3/2004
Article 4 “Destruction. Guilt. The admitted risk ”, published in the JOURNAL OF CRIMINAL LAW no. 3/2005
Article 5: “Complaint in court against the prosecutor's solutions. Controversies ”, published in the JOURNAL OF CRIMINAL LAW no. 1/2006
6. article “Criminal liability in case of deeds committed with a very slight guilt”, published in the magazine DREPTUL, no. 9/2006
7. article “Prosecution and trial in the absence of the defendant” published in the magazine DREPTUL, no. 8/2007, etc.
GENERAL PART
TITLE I. CRIMINAL LAW AND ITS LIMITATIONS OF APPLICATION / 5
Chapter I. General principles / 5
Chapter II. Application of the criminal law / 22
Section 1. Application of the criminal law in time / 22
Section 2. Application of the criminal law in space / 83
TITLE II. CRIME / 116
Chapter I. General provisions / 116
Chapter II. Justifying causes / 132
Chapter III. Causes of imputability / 152
Chapter IV. Attempt / 169
Chapter V. Unity and plurality of crimes / 182
Chapter VI. Author and participants / 267
TITLE III. PEDEPSELE / 288
Chapter I. Categories of punishments / 288
Chapter II. The main punishments / 294
Section 1. Life imprisonment / 294
Section 2. Prison / 298
Section 3. Fine / 302
Chapter III. Ancillary punishment and complementary punishments / 310
Section 1. Ancillary punishment / 310
Section 2. Complementary penalties / 318
Chapter IV. Calculation of the duration of sentences / 336
Chapter V. Individualization of punishments / 344
Section 1. General provisions / 344
Section 2. Mitigating circumstances and aggravating circumstances / 351
Section 3. Waiver of the application of the punishment / 385
Section 4. Postponement of the application of the punishment / 390
Section 5. Suspension of the execution of the sentence under supervision / 407
Section 6. Conditional release / 432
TITLE IV. SAFETY MEASURES / 462
Chapter I. General provisions / 462
Chapter II. Regime of safety measures / 464
TITLE V. MINORITY / 498
Chapter I. The regime of criminal liability of the minor / 498
Chapter II. The regime of non - custodial educational measures / 503
Chapter IV. Common provisions / 519
TITLE VI. CRIMINAL LIABILITY OF THE LEGAL ENTITY / 528
Chapter I. General provisions / 528
Chapter II. The regime of complementary punishments applied to the legal person / 538
Chapter III. Common provisions / 543
TITLE VII. CAUSES REMOVING CRIMINAL LIABILITY / 547
TITLE VIII. CAUSES THAT REMOVE OR MODIFY THE EXECUTION OF THE PENALTY / 589
TITLE IX. CAUSES REMOVING THE CONSEQUENCES OF CONVICTION / 603
TITLE X. UNDERSTANDING SOME TERMS OR EXPRESSIONS IN CRIMINAL LAW / 617
TITLE I. CRIMINAL LAW AND ITS LIMITATIONS OF APPLICATION / 5
Chapter I. General principles / 5
Chapter II. Application of the criminal law / 22
Section 1. Application of the criminal law in time / 22
Section 2. Application of the criminal law in space / 83
TITLE II. CRIME / 116
Chapter I. General provisions / 116
Chapter II. Justifying causes / 132
Chapter III. Causes of imputability / 152
Chapter IV. Attempt / 169
Chapter V. Unity and plurality of crimes / 182
Chapter VI. Author and participants / 267
TITLE III. PEDEPSELE / 288
Chapter I. Categories of punishments / 288
Chapter II. The main punishments / 294
Section 1. Life imprisonment / 294
Section 2. Prison / 298
Section 3. Fine / 302
Chapter III. Ancillary punishment and complementary punishments / 310
Section 1. Ancillary punishment / 310
Section 2. Complementary penalties / 318
Chapter IV. Calculation of the duration of sentences / 336
Chapter V. Individualization of punishments / 344
Section 1. General provisions / 344
Section 2. Mitigating circumstances and aggravating circumstances / 351
Section 3. Waiver of the application of the punishment / 385
Section 4. Postponement of the application of the punishment / 390
Section 5. Suspension of the execution of the sentence under supervision / 407
Section 6. Conditional release / 432
TITLE IV. SAFETY MEASURES / 462
Chapter I. General provisions / 462
Chapter II. Regime of safety measures / 464
TITLE V. MINORITY / 498
Chapter I. The regime of criminal liability of the minor / 498
Chapter II. The regime of non - custodial educational measures / 503
Chapter IV. Common provisions / 519
TITLE VI. CRIMINAL LIABILITY OF THE LEGAL ENTITY / 528
Chapter I. General provisions / 528
Chapter II. The regime of complementary punishments applied to the legal person / 538
Chapter III. Common provisions / 543
TITLE VII. CAUSES REMOVING CRIMINAL LIABILITY / 547
TITLE VIII. CAUSES THAT REMOVE OR MODIFY THE EXECUTION OF THE PENALTY / 589
TITLE IX. CAUSES REMOVING THE CONSEQUENCES OF CONVICTION / 603
TITLE X. UNDERSTANDING SOME TERMS OR EXPRESSIONS IN CRIMINAL LAW / 617
In this paper we have gathered everything that is relevant today, from a jurisprudential point of view, for the correct understanding, interpretation and application of the Criminal Code.
Under each cited norm, I have summarized an extract from the representative decisions of the European Court of Human Rights and the Court of Justice of the EU (not only their decisions in cases against Romania), but also from the binding decisions of the Constitutional Court and the ICCJ, pronounced in appeals in the interest of the law or in resolving legal issues.
Moreover, noting that in order to achieve the proposed goal, it is often very useful to know the arguments contained in the rejection decisions issued by the Constitutional Court regarding the exceptions of unconstitutionality raised or by the ICCJ regarding the notifications for pronouncing binding decisions for interpreting the law; clarifying some legal issues, we made the effort to evaluate them and include them where they contained significant elements for the correct understanding of the procedural-criminal norm concerned.
In addition, we have gathered the relevant decisions of the Supreme Court, the Supreme Court of Justice and the ICCJ, but also, sometimes, of some courts of appeal, decisions that have remained topical and may be of interest for completing the necessary legal information to know the correct interpretation. law enforcement.
The paper is wanted more than a compendium of representative and useful decisions. We tried to correlate the information presented and, sometimes, to comment on it, punctually, through minimal interventions, in footnotes.
For those who do not find in the jurisprudence the answer to the problems that the procedural norm raises, we tried to direct the documentation effort by mentioning, under each norm, the articles published in the main specialized magazines, because sometimes the doctrine manages to raise not only questions. still not addressed by jurisprudence, advancing possible answers to them, but also to comment, more or less pertinently, some jurisprudential solutions.
Last but not least, we have included a module dedicated to organized debates on non-unitary practice issues, conducted by the judiciary at the highest level of the judiciary, convinced that they are of real interest and can be added to others. above-mentioned modules, completing the useful information for the correct knowledge and understanding of the criminal matter.
Under each cited norm, I have summarized an extract from the representative decisions of the European Court of Human Rights and the Court of Justice of the EU (not only their decisions in cases against Romania), but also from the binding decisions of the Constitutional Court and the ICCJ, pronounced in appeals in the interest of the law or in resolving legal issues.
Moreover, noting that in order to achieve the proposed goal, it is often very useful to know the arguments contained in the rejection decisions issued by the Constitutional Court regarding the exceptions of unconstitutionality raised or by the ICCJ regarding the notifications for pronouncing binding decisions for interpreting the law; clarifying some legal issues, we made the effort to evaluate them and include them where they contained significant elements for the correct understanding of the procedural-criminal norm concerned.
In addition, we have gathered the relevant decisions of the Supreme Court, the Supreme Court of Justice and the ICCJ, but also, sometimes, of some courts of appeal, decisions that have remained topical and may be of interest for completing the necessary legal information to know the correct interpretation. law enforcement.
The paper is wanted more than a compendium of representative and useful decisions. We tried to correlate the information presented and, sometimes, to comment on it, punctually, through minimal interventions, in footnotes.
For those who do not find in the jurisprudence the answer to the problems that the procedural norm raises, we tried to direct the documentation effort by mentioning, under each norm, the articles published in the main specialized magazines, because sometimes the doctrine manages to raise not only questions. still not addressed by jurisprudence, advancing possible answers to them, but also to comment, more or less pertinently, some jurisprudential solutions.
Last but not least, we have included a module dedicated to organized debates on non-unitary practice issues, conducted by the judiciary at the highest level of the judiciary, convinced that they are of real interest and can be added to others. above-mentioned modules, completing the useful information for the correct knowledge and understanding of the criminal matter.
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