Editura Universul Juridic Criminal procedure sheets. The general part. 4th edition, revised and added - Mihail Udroiu

99,00 Lei

Publisher: Universul Juridic

Author: Mihail Udroiu

Pages: 596

Publisher year: 2019

ISBN: 978-606-39-0458-5

Stoc limitat
Stock limit
- +
Add to cart
Product Code: 9786063904585 Do you need help? 0745 200 718 / 0745 200 357
Add to wishlist Request information
  • Description
  • Authors
  • Content
  • More details
  • Where to find it
  • Reviews (0)
CRIMINAL PROCEDURE SHEETS. GENERAL PART, 4th edition, revised and added
42 thematic sheets
constitutional interpretations
87 topics for analysis and debate
4 tables of comparative analysis
recapitulative theoretical schemes
recent relevant jurisprudence structured by subject
models of procedural documents

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

The 4th edition of the paper is rethought so that, through the form of presentation of information, as well as through the additional analysis and synthesis structures introduced, to ensure the acquisition of the necessary knowledge both to the reader who discovers the subject and to the one who prepares for an exam. test-grid type or for a written test to verify legal knowledge in which the ability to analyze, synthesize and generalize candidates is tested.

In the new edition of the paper - updated in June 2019 - are presented and analyzed the provisions of the law amending the Code of Criminal Procedure. In each file, the analysis of the changes to the codes is performed so that the legislative transition is easy to pass.

Thus, the texts affected by the amendments brought to the Code of Criminal Procedure by the Law for the amendment and completion of Law no. 135/2010 regarding the Code of Criminal Procedure, as well as for the amendment of Law no. 304/2004 on judicial organization are accompanied by explanatory footnotes or are followed by a new section, entitled "Law amending the NCPP", all preceded by the symbol.

The explanations that accompany the presentation of the legislative changes are at the same level of complexity as the existing comments, not being limited to the simple indication of the content of the legal norm.

STRENGTHS:
• clear explanations, able to ensure maximum efficiency in taking any exam of Criminal Procedure, General Part, regardless of whether the subject consists of a grid test or a written test to verify legal knowledge;
• analysis of all decisions rendered on appeal in the interest of the law (RIL) and preliminary rulings for resolving legal issues (HP) given by the High Court of Cassation and Justice, as well as the solutions handed down by the Constitutional Court until the end of May 2019;
• the latest relevant jurisprudential solutions pronounced in the application of the new Code of Criminal Procedure;
• marginal names that precede each jurisprudential solution, similar to the standards of the annotated codes;
• graphic structures that follow the functional logic of each institution and facilitate the rapid assimilation of both the structure of the institution and the content of information about it;
• TOPICS OF ANALYSIS AND DEBATE (TAD), which contribute significantly to the preparation of the candidate for the written tests to verify legal knowledge, through TAD being highlighted the operations of thinking (analysis, synthesis, generalization) in features of the thought process (flexibility or size criticism). 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 or her 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 procedural law;
• COMPARATIVE ANALYSIS TABLES (TAC), with an indisputable utility in the stage of preparing the candidate to take the written tests to verify legal knowledge. The purpose of the TAC is to contribute to the clarification and sedimentation of knowledge by observing the fundamental 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;
• presentation of the subject in a clear and structured manner, able to ensure the rapid fixing of the knowledge necessary for test-grid type exams or for a written test to verify legal knowledge;
• 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;
• explaining, within the observations section, some issues that present an increased difficulty.

All these are strengths 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, CRIMINAL PROCEDURE SHEETS. GENERAL PART, 4th edition, revised and added
42 thematic sheets
constitutional interpretations
87 topics for analysis and debate
4 tables of comparative analysis
recapitulative theoretical schemes
recent relevant jurisprudence structured by subject
models of procedural documents

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

The 4th edition of the paper is rethought so that, through the form of presentation of information, as well as through the additional analysis and synthesis structures introduced, to ensure the acquisition of the necessary knowledge both to the reader who discovers the subject and to the one who prepares for an exam. test-grid type or for a written test to verify legal knowledge in which the ability to analyze, synthesize and generalize candidates is tested.

In the new edition of the paper - updated in June 2019 - are presented and analyzed the provisions of the law amending the Code of Criminal Procedure. In each file, the analysis of the changes to the codes is performed so that the legislative transition is easy to pass.

Thus, the texts affected by the amendments brought to the Code of Criminal Procedure by the Law for the amendment and completion of Law no. 135/2010 regarding the Code of Criminal Procedure, as well as for the amendment of Law no. 304/2004 on judicial organization are accompanied by explanatory footnotes or are followed by a new section, entitled "Law amending the NCPP", all preceded by the symbol.

The explanations that accompany the presentation of the legislative changes are at the same level of complexity as the existing comments, not being limited to the simple indication of the content of the legal norm.

STRENGTHS:
• clear explanations, able to ensure maximum efficiency in taking any exam of Criminal Procedure, General Part, regardless of whether the subject consists of a grid test or a written test to verify legal knowledge;
• analysis of all decisions rendered on appeal in the interest of the law (RIL) and preliminary rulings for resolving legal issues (HP) given by the High Court of Cassation and Justice, as well as the solutions handed down by the Constitutional Court until the end of May 2019;
• the latest relevant jurisprudential solutions pronounced in the application of the new Code of Criminal Procedure;
• marginal names that precede each jurisprudential solution, similar to the standards of the annotated codes;
• graphic structures that follow the functional logic of each institution and facilitate the rapid assimilation of both the structure of the institution and the content of information about it;
• TOPICS OF ANALYSIS AND DEBATE (TAD), which contribute significantly to the preparation of the candidate for the written tests to verify legal knowledge, through TAD being highlighted the operations of thinking (analysis, synthesis, generalization) in features of the thought process (flexibility or size criticism). 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 or her 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 procedural law;
• COMPARATIVE ANALYSIS TABLES (TAC), with an indisputable utility in the stage of preparing the candidate to take the written tests to verify legal knowledge. The purpose of the TAC is to contribute to the clarification and sedimentation of knowledge by observing the fundamental 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;
• presentation of the subject in a clear and structured manner, able to ensure the rapid fixing of the knowledge necessary for test-grid type exams or for a written test to verify legal knowledge;
• 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;
• explaining, within the observations section, some issues that present an increased difficulty.

All these are strengths 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,
Mihail Udroiu

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 (1 July 2013-27 November 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 procedure. The general part. The new Code of Criminal Procedure, Ed. C.H. Beck, Bucharest, 2014; Criminal procedure. 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 procedure. 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. Criminal proceedings - criminal proceedings / 11
File no. 2. Principles of criminal proceedings / 17
File no. 3. Application of the criminal procedural law in time and space / 47
File no. 4. Participants in the criminal trial. Judicial bodies / 54
File no. 5. The main parties and procedural subjects / 67
File no. 6. Lawyer / 89
File no. 7. Criminal action / 105
File no. 8. Civil action / 127
File no. 9. Competent. Form / 153
File no. 10. Verification of competence by the judicial bodies. Lack of competence of the judicial bodies / 182
File no. 11. Extension of competence / 192
File no. 12. Incompatibility of judicial bodies / 202
File no. 13. Relocation of criminal cases / 224
File no. 14. Evidence. Classification. The object of the test. Sarcina probei / 235
File no. 15. Administration and assessment of evidence / 241
File no. 16. Statements of the suspect and the defendant / 257
File no. 17. Statements of the injured person / 269
File no. 18. Declarations of the civil party and of the civilly responsible party / 281
File no. 19. Witnesses / 288
File no. 20. Evidence procedures for discovery and taking of evidence / 307
File no. 21. Perchezitia / 315
File no. 22. Technical supervision / 328
File no. 23. Special research methods / 344
File no. 24. Obtaining data on financial transactions / 361
File no. 25. The documents. Material means of proof / 370
File no. 26. Identification of persons and objects / 375
File no. 27. Specialized findings and expertise / 379
File no. 28. Special categories of expertise or medico-legal works / 398
File no. 29. Retention / 406
File no. 30. Pre-trial detention / 412
File no. 31. Home arrest / 454
File no. 32. Judicial control / 483
File no. 33. Judicial control on bail / 510
File no. 34. Protection measures / 539
File no. 35. Provisional application of medical safety measures / 541
File no. 36. Precautionary measures. Restitution of things. Restoring the previous situation / 551
File no. 37. Summons, communication of other procedural documents, warrant for bringing / 579
File no. 38. Judicial expenses / 588
File no. 39. Deadlines / 597
File no. 40. Judicial fine / 606
File no. 41. Criminal procedural sanctions / 612
File no. 42. Tables of comparative analysis (TAC) / 632
General bibliography / 637
Jurisprudence / 642

Illegality of initiating criminal proceedings for crimes committed abroad. The judge of the preliminary chamber considers that, in the absence of prior authorization from the Prosecutor General of the Prosecutor's Office attached to the High Court of Cassation and Justice, the prosecutor's office illegally ordered by order to initiate criminal proceedings against the defendant S.C.E. on September 21, 2015, of defendant K.R. on September 23, 2015, of defendant B.A. on December 15, 2015 and defendant B.S.E. on January 28, 2016 for the accusations of committing exclusively abroad the facts presented above. Given the fact that all these ordinances were issued after February 1, 2014, when the new Criminal Code entered into force, it was necessary to meet the procedural condition provided by art. 9 para. (3) NCP regarding the prior authorization of the competent body for initiating the criminal action for the accusations in which the Romanian law is applied on the basis of the personality principle. The judge of the preliminary chamber opines that the illegality of initiating the criminal action constitutes a cause of illegality of the court notification and, implicitly, of irregularity of the notification act in the form of illegality in the conditions in which, according to NCPP, the indictment constitutes only the court notification , no longer fulfilling the function of indictment. Therefore, the illegality of initiating the criminal action directly affects the legality of the court notification and the regularity of the notification act and can be invoked ex officio by the judge of the preliminary chamber. Therefore, in this case, the illegality, even partial, of the most important act of criminal prosecution (ordinance to initiate criminal proceedings) directly affects the regularity of the act of notification of the court (viewed from the perspective of legality), the indictment becoming implicitly illegal because it does not concern a person who has previously legally acquired the quality of defendant regarding some of the accusations made by the prosecutor (CA Oradea, s. pen., conclusion no. 27/2017, unpublished).

www.editurauniversitara.ro

write a review


The review was sent successfully.

Customer Support Monday - Friday, between 8.00 - 16.00

0745 200 718 0745 200 357 comenzi@editurauniversitara.ro
close

Compare

You must add at least one product to compare products.

close

Was added to wishlist!

Was removed from wishlist!