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Annotated criminal code. Volume II. The special part - Voicu Puscasu, Cristinel Ghigheci
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Publisher: Universul Juridic
Author: Voicu Puscasu, Cristinel Ghigheci
Pages: 776
Publisher year: 2021
ISBN: 978-606-39-0787-6
Product Code:
9786063907876
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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 II. The special 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.
SPECIAL PART
TITLE I. OFFENSES AGAINST THE PERSON / 5
Chapter I. Crimes against life / 5
Chapter II. Crimes against bodily integrity or health / 71
Chapter III. Offenses committed against a family member / 122
Chapter IV. Assaults on the fetus / 134
Chapter V. Offenses regarding the obligation to assist those in danger / 142
Chapter VI. Crimes against the person 's freedom / 143
Chapter VII. Trafficking and exploitation of vulnerable persons / 160
Chapter VIII. Crimes against sexual freedom and integrity / 185
Chapter IX. Crimes affecting the home and privacy / 217
TITLE II. PROPERTY OFFENSES / 235
Chapter I. Theft / 235
Chapter II. Robbery and piracy / 255
Chapter III. Crimes against property by disregarding trust / 273
Chapter IV. Fraud committed through computer systems and electronic means of payment / 309
Chapter V. Destruction and disturbance of possession / 313
Chapter VI. Crimes that have produced particularly serious consequences / 323
TITLE III. OFFENSES REGARDING AUTHORITY AND STATE BORDER / 324
Chapter I. Crimes against authority / 324
Chapter II. Offenses regarding the state border / 338
TITLE IV. OFFENSES AGAINST JUSTICE / 345
TITLE V. CORRUPTION AND SERVICE OFFENSES / 423
Chapter I. Crimes of corruption / 423
Chapter II. Offenses of service / 465
TITLE VI. FALSE OFFENSES / 544
Chapter I. Counterfeiting of coins, stamps or other valuables / 544
Chapter II. Counterfeiting of authentication or marking instruments / 553
Chapter III. Fakes in documents / 554
TITLE VII. OFFENSES AGAINST PUBLIC SECURITY / 581
Chapter I. Offenses against traffic safety on railways / 581
Chapter II. Offenses against traffic safety on public roads / 588
Chapter III. Non-compliance with the regime of weapons, ammunition, nuclear materials and explosives / 635
Chapter IV. Offenses regarding the regime established for other activities regulated by law / 645
Chapter V. Crimes against public health / 655
Chapter VI. Offenses against the security and integrity of computer systems and data / 661
TITLE VIII. CRIMES THAT AFFECT SOME RELATIONS REGARDING SOCIAL COEXISTENCE / 668
Chapter I. Crimes against public order and peace / 668
Chapter II. Crimes against the family / 702
Chapter III. Crimes against religious freedom and respect due to deceased persons / 719
TITLE IX. ELECTORAL OFFENSES / 728
TITLE X. CRIMES AGAINST NATIONAL SECURITY / 738
TITLE XI. OFFENSES AGAINST THE FIGHTING CAPACITY OF THE ARMED FORCES / 751
Chapter I. Crimes committed by the military / 751
Chapter II. Crimes committed by the military or civilians / 763
TITLE XII. CRIMES OF GENOCIDE, AGAINST HUMANITY AND WAR / 767
Chapter I. Crimes of genocide and against humanity / 767
Chapter II. War crimes / 773
TITLE XIII. FINAL PROVISIONS / 781
TITLE I. OFFENSES AGAINST THE PERSON / 5
Chapter I. Crimes against life / 5
Chapter II. Crimes against bodily integrity or health / 71
Chapter III. Offenses committed against a family member / 122
Chapter IV. Assaults on the fetus / 134
Chapter V. Offenses regarding the obligation to assist those in danger / 142
Chapter VI. Crimes against the person 's freedom / 143
Chapter VII. Trafficking and exploitation of vulnerable persons / 160
Chapter VIII. Crimes against sexual freedom and integrity / 185
Chapter IX. Crimes affecting the home and privacy / 217
TITLE II. PROPERTY OFFENSES / 235
Chapter I. Theft / 235
Chapter II. Robbery and piracy / 255
Chapter III. Crimes against property by disregarding trust / 273
Chapter IV. Fraud committed through computer systems and electronic means of payment / 309
Chapter V. Destruction and disturbance of possession / 313
Chapter VI. Crimes that have produced particularly serious consequences / 323
TITLE III. OFFENSES REGARDING AUTHORITY AND STATE BORDER / 324
Chapter I. Crimes against authority / 324
Chapter II. Offenses regarding the state border / 338
TITLE IV. OFFENSES AGAINST JUSTICE / 345
TITLE V. CORRUPTION AND SERVICE OFFENSES / 423
Chapter I. Crimes of corruption / 423
Chapter II. Offenses of service / 465
TITLE VI. FALSE OFFENSES / 544
Chapter I. Counterfeiting of coins, stamps or other valuables / 544
Chapter II. Counterfeiting of authentication or marking instruments / 553
Chapter III. Fakes in documents / 554
TITLE VII. OFFENSES AGAINST PUBLIC SECURITY / 581
Chapter I. Offenses against traffic safety on railways / 581
Chapter II. Offenses against traffic safety on public roads / 588
Chapter III. Non-compliance with the regime of weapons, ammunition, nuclear materials and explosives / 635
Chapter IV. Offenses regarding the regime established for other activities regulated by law / 645
Chapter V. Crimes against public health / 655
Chapter VI. Offenses against the security and integrity of computer systems and data / 661
TITLE VIII. CRIMES THAT AFFECT SOME RELATIONS REGARDING SOCIAL COEXISTENCE / 668
Chapter I. Crimes against public order and peace / 668
Chapter II. Crimes against the family / 702
Chapter III. Crimes against religious freedom and respect due to deceased persons / 719
TITLE IX. ELECTORAL OFFENSES / 728
TITLE X. CRIMES AGAINST NATIONAL SECURITY / 738
TITLE XI. OFFENSES AGAINST THE FIGHTING CAPACITY OF THE ARMED FORCES / 751
Chapter I. Crimes committed by the military / 751
Chapter II. Crimes committed by the military or civilians / 763
TITLE XII. CRIMES OF GENOCIDE, AGAINST HUMANITY AND WAR / 767
Chapter I. Crimes of genocide and against humanity / 767
Chapter II. War crimes / 773
TITLE XIII. FINAL PROVISIONS / 781
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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