Editura Universul Juridic Criminal law files. The general part. 5th edition, revised and added - Mihail Udroiu

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Publisher: Universul Juridic

Author: Mihail Udroiu

Pages: 464

Publisher year: 2018

Edition: a 5-a, revizuita si adaugita

ISBN: 978-606-39-025-3

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CRIMINAL LAW SHEETS. GENERAL PART, 5th edition, revised and added
36 thematic sheets
100 topics for analysis and debate
12 tables of comparative analysis
Questions, exercises and recapitulative theoretical schemes
Relevant jurisprudence structured on subjects

These files have been, since 2012, the only work that addressed, in an innovative graphics and an intuitive structure, the General Part of the Criminal Code, wanting to materialize in an effective tool that allows any lawyer to easily fix a logical perspective on matter.

STRENGTHS:
• clear explanations, able to ensure maximum efficiency in taking any criminal law exam, General Part;
• analysis of all decisions pronounced on appeal in the interest of the law (RIL) and of preliminary decisions for resolving legal issues (HP) given by the High Court of Cassation and Justice, as well as the solutions pronounced by the Constitutional Court until the end of April 2018;
• references to the draft law amending the Criminal Code put up for public debate by the Ministry of Justice, which seeks to adapt criminal legislation to the decisions of the Constitutional Court;
• recent jurisprudential solutions in the application of the new Criminal Code;
• graphic structures that follow the functional logic of each institution and facilitate the rapid assimilation of information;
• TOPICS OF ANALYSIS AND DEBATE (TAD). The purpose of TAD is not to obtain a clear answer to a legal issue, but to test the reader's ability to dissect and debate a factual situation in all its facets and to present his arguments in a clear and concise manner. logic. At the same time, TAD can lead to the creation of new topics of discussion able to reveal the accuracy of the reader's reasoning and the ability to make relevant distinctions in the field of criminal law;
• supplementing the number of files;
• questions and recapitulative exercises;
• marginal names that precede each jurisprudential solution, similar to the standards of the annotated codes;
• COMPARATIVE ANALYSIS TABLES (TAC). The purpose of the TAC is to contribute to the sedimentation of knowledge by observing the differences between the compared institutions.

ACQUIS of the paper:
• its elaboration by an experienced theorist and practitioner, able to offer a harmonized vision on the criminal matter and criminal procedure;
• presenting the subject in a clear and structured manner, able to ensure the rapid fixation of the knowledge necessary to pass the entrance exams;
• organizing the content into theoretical parts, which provide technical and precise theoretical information, and practical parts, which include the relevant solutions pronounced by the relevant courts.

All these are assets that recommend this paper as the most useful and easy tool for those who want to quickly recap the subject for established exams in the field, but also for those who want to acquire theoretical and practical knowledge in the shortest time. essential aspects of the general part of criminal law. The paper is addressed, in equal measure, to any lawyer:

• student, master student, doctoral student;
• candidate for the entrance, finalization or promotion exams in the legal professions;
• early career or experienced practitioner.
  • Criminal law files. The general part. 5th edition, revised and added - Mihail Udroiu

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UDROIU, MIHAIL

He was born on March 20, 1977, in Bumbesti-Jiu, Gorj County.

Education: Faculty of Law, University of Bucharest (1999); Faculty of Law, University of Bucharest - Postgraduate Studies: Criminal Sciences - Criminology (2000); National Institute of Magistracy (2002); doctor of law, Faculty of Law, University of Bucharest, Doctoral School (July 2011, thesis: "Administration of evidence in criminal proceedings", scientific coordination: Prof. Nicolae Volonciu, PhD).

Professional activity: judge at the Oradea Court of Appeal (since June 2015); judge in the Bucharest Tribunal, Criminal Section (2006-February 2015); advisor to the chief prosecutor of DIICOT (July 1, 2013-November 27, 2014); seconded judge within the Ministry of Justice; member of the Commission for the elaboration of the draft Law for the implementation of the Code of Criminal Procedure and for the modification and completion of some normative acts that include criminal procedural provisions; member of the Commission for the elaboration of the draft Law for the implementation of the Criminal Code and for the modification and completion of some normative acts that include criminal provisions; member of the Commission for the elaboration of the draft of the new Criminal Code and of the draft of the new Code of Criminal Procedure (July 2007-September 2011); prosecutor (2003-2006); trainer within the National Institute of Magistracy in the discipline of criminal law and criminal procedural law (since 2006).

Publications: author of over 60 studies and articles published in specialized journals.

Author of the works: Criminal law files. The general part. The New Criminal Code, Universul Juridic Publishing House, Bucharest, 2014 (1st ed.), 2015 (2nd ed.); Criminal law files. The special part. The New Criminal Code, Universul Juridic Publishing House, Bucharest, 2014 (1st ed.), 2015 (2nd ed.); Criminal procedure sheets. The general part. The special part. The new Code of Criminal Procedure, Universul Juridic Publishing House, Bucharest, 2014 (1st ed.), 2015 (2nd ed.); Criminal law. The general part. The new Criminal Code, Ed. C.H. Beck, Bucharest, 2014; Criminal law. The special part. The new Criminal Code, Ed. C.H. Beck, Bucharest, 2014; Criminal proceedings. The general part. The new Code of Criminal Procedure, Ed. C.H. Beck, Bucharest, 2014; Criminal proceedings. The special part. The new Code of Criminal Procedure, Ed. C.H. Beck, Bucharest, 2014; Criminal law files. General part, Universul Juridic Publishing House, Bucharest, 2012 (1st ed.), 2013 (2nd ed.); Criminal law files. The special part, Universul Juridic Publishing House, Bucharest, 2012 (1st ed.), 2013 (2nd ed.); Criminal procedure files, Universul Juridic Publishing House, Bucharest, 2012 (1st ed.), 2013 (2nd ed.); Criminal proceedings. The general part. Special part, Ed. C.H. Beck, Bucharest, 2010 (1st ed.), 2011 (2nd ed.), 2013 (3rd ed.); Criminal law. The general part. Special part, Ed. C.H. Beck, Bucharest, 2010 (ed. I), 2011 (ed. A II-a), 2012 (ed. A III-a), 2013 (ed. A IV-a); Choice test. Criminal law and criminal procedure, Universul Juridic Publishing House, Bucharest, 2011 (1st and 2nd ed.), 2012 (3rd ed.), 2013 (4th ed.), 2014 (1st ed.) Va), 2015 (6th ed.); Dictionary of Criminal Law and Criminal Procedure, Ed. C.H. Beck, Bucharest, 2009.

Co-author of the works: Code of Criminal Procedure. Commentary on articles, Ed. C.H. Beck, Bucharest, 2015; New Criminal Code - Previous Criminal Code. Comparative presentation. Remarks. Application guide. The more favorable criminal law, Hamangiu Publishing House, Bucharest, 2014 (together with Victor Constantinescu); Special investigative techniques in criminal justice, Ed. C.H. Beck, Bucharest, 2009 (together with Ovidiu Predescu and Radu Slavoiu); European protection of human rights and the Romanian criminal process. Treaty, Ed. C.H. Beck, Bucharest, 2008 (together with Ovidiu Predescu); European Convention on Human Rights and Romanian Criminal Procedure Law, Ed. C.H. Beck, Bucharest, 2007 (together with Ovidiu Predescu).

Awards: the "Vintila Dongoroz" award of the Romanian Lawyers Union (2015) for the work Code of Criminal Procedure. Comment on articles; the “Simion Barnutiu” award of the Romanian Academy (2010) for the work European Protection of Human Rights and the Romanian Criminal Procedure. Treaty; the „Vintila Dongoroz” award of the Romanian Lawyers Union (2009) for the work Dictionary of criminal law and criminal procedure; the "Ion Tanoviceanu" award of the Romanian Lawyers Union (2008) for the work European Protection of Human Rights and the Romanian Criminal Procedure. Treaty; the “Vintila Dongoroz” award of the Romanian Lawyers Union (2007) for the work European Convention on Human Rights and Romanian Criminal Procedure Law.

Content
Abbreviations / 9
File no. 1. General principles / 11
File no. 2. Application of the criminal law in time / 15
File no. 3. Application of the criminal law in space / 48
File no. 4. Essential features of the crime / 56
File no. 5. Generic content of the crime / 60
File no. 6. Justifying causes / 78
File no. 7. Causes of imputability / 93
File no. 8. Forms and phases of the crime committed with intent / 116
File no. 9. The natural unit of crime / 131
File no. 10. Legal unit of crime / 141
File no. 11. The competition of crimes / 154
File no. 12. Post-conviction recidivism / 170
File no. 13. Post-enforcement recidivism / 183
File no. 14. Intermediate plurality / 195
File no. 15. Plurality of perpetrators / 203
File no. 16. The main punishments / 221
File no. 17. Complementary penalties / 233
File no. 18. Ancillary punishments / 243
File no. 19. Calculation of the duration of the sentence / 246
File no. 20. Judicial individualization of punishments. General rules / 251
File no. 21. Mitigating circumstances / 257
File no. 22. Aggravating circumstances / 265
File no. 23. Waiver of the application of the punishment / 272
File no. 24. Postponement of the application of the punishment / 278
File no. 25. Suspension under supervision of the execution of the sentence / 295
File no. 26. Conditional release / 315
File no. 27. Non-patrimonial security measures / 328
File no. 28. Security measures regarding patrimony / 335
File no. 29. Criminal liability of minors. Non - custodial educational measures / 349
File no. 30. Criminal liability of minors. Educational measures depriving of liberty / 368
File no. 31. The sanctioning regime of the plurality of crimes committed by minors / 384
File no. 32. Cases that remove criminal liability / 390
File no. 33. Cases that remove the execution of sentences / 405
File no. 34. Cases that remove the consequences of conviction / 420
File no. 35. Tables of comparative analysis (TAC) / 430
File no. 36. Recapitulative TADs / 455
General bibliography / 459
Jurisprudence / 461

CRIMINAL LAW SHEETS. GENERAL PART, 5th edition, revised and added
36 thematic sheets
100 topics for analysis and debate
12 tables of comparative analysis
Questions, exercises and recapitulative theoretical schemes
Relevant jurisprudence structured on subjects

These files have been, since 2012, the only work that addressed, in an innovative graphics and an intuitive structure, the General Part of the Criminal Code, wanting to materialize in an effective tool that allows any lawyer to easily fix a logical perspective on matter.

STRENGTHS:
• clear explanations, able to ensure maximum efficiency in taking any criminal law exam, General Part;
• analysis of all decisions pronounced on appeal in the interest of the law (RIL) and of preliminary decisions for resolving legal issues (HP) given by the High Court of Cassation and Justice, as well as the solutions pronounced by the Constitutional Court until the end of April 2018;
• references to the draft law amending the Criminal Code put up for public debate by the Ministry of Justice, which seeks to adapt criminal legislation to the decisions of the Constitutional Court;
• recent jurisprudential solutions in the application of the new Criminal Code;
• graphic structures that follow the functional logic of each institution and facilitate the rapid assimilation of information;
• TOPICS OF ANALYSIS AND DEBATE (TAD). The purpose of TAD is not to obtain a clear answer to a legal issue, but to test the reader's ability to dissect and debate a factual situation in all its facets and to present his arguments in a clear and concise manner. logic. At the same time, TAD can lead to the creation of new topics of discussion able to reveal the accuracy of the reader's reasoning and the ability to make relevant distinctions in the field of criminal law;
• supplementing the number of files;
• questions and recapitulative exercises;
• marginal names that precede each jurisprudential solution, similar to the standards of the annotated codes;
• COMPARATIVE ANALYSIS TABLES (TAC). The purpose of the TAC is to contribute to the sedimentation of knowledge by observing the differences between the compared institutions.

ACQUIS of the paper:
• its elaboration by an experienced theorist and practitioner, able to offer a harmonized vision on the criminal matter and criminal procedure;
• presenting the subject in a clear and structured manner, able to ensure the rapid fixation of the knowledge necessary to pass the entrance exams;
• organizing the content into theoretical parts, which provide technical and precise theoretical information, and practical parts, which include the relevant solutions pronounced by the relevant courts.

All these are assets that recommend this paper as the most useful and easy tool for those who want to quickly recap the subject for established exams in the field, but also for those who want to acquire theoretical and practical knowledge in the shortest time. essential aspects of the general part of criminal law. The paper is addressed, in equal measure, to any lawyer:

• student, master student, doctoral student;
• candidate for the entrance, finalization or promotion exams in the legal professions;
• early career or experienced practitioner.

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