Udroiu Drept Penal Pdf 11: The Best Book for Law Students and Professionals
Udroiu Drept Penal Pdf 11: A Comprehensive Guide
If you are a law student, a lawyer, a judge, a prosecutor, or anyone interested in criminal law and procedure in Romania, you might have heard of Udroiu Drept Penal Pdf 11. This is a book written by Mihail Udroiu, a professor of criminal law and procedure at the University of Bucharest and a judge at the Constitutional Court of Romania. The book covers both the general and the special part of criminal law and procedure, according to the latest legislative changes and jurisprudence. In this article, we will provide you with a comprehensive guide on what Udroiu Drept Penal Pdf 11 is, why it is important to read it, how to access it, and what are its main contents.
Udroiu Drept Penal Pdf 11
Introduction
What is Udroiu Drept Penal Pdf 11?
Udroiu Drept Penal Pdf 11 is a book that contains two volumes: Partea Generală (The General Part) and Partea Specială (The Special Part) of criminal law and procedure in Romania. The book was published in 2019 by C.H. Beck, one of the leading publishers of legal literature in Romania. The book is based on the author's extensive academic and professional experience, as well as on his previous publications on criminal law and procedure. The book is updated with the latest legislative changes and jurisprudence, such as Law no. 177/2010 and Law no. 202/2010 (the "Small Reform"), which introduced significant modifications to the Code of Criminal Procedure.
Why is it important to read Udroiu Drept Penal Pdf 11?
Udroiu Drept Penal Pdf 11 is important to read for several reasons. First, it provides a comprehensive and systematic presentation of the principles, institutions, norms, and rules of criminal law and procedure in Romania. It covers both the theoretical and practical aspects of criminal law and procedure, as well as the relevant European and international standards. Second, it offers a critical analysis of the current legislation and jurisprudence, highlighting the strengths and weaknesses of the Romanian criminal justice system. It also proposes solutions for improving the efficiency and fairness of criminal proceedings. Third, it reflects the author's expertise and authority in the field of criminal law and procedure, as well as his recognition by the legal community. The book has received several awards from the Union of Jurists of Romania, such as the "Vintilă Dongoroz" prize (2007), the "Ion Tanoviceanu" prize (2008), and the "Vintilă Dongoroz" prize (2009).
How to access Udroiu Drept Penal Pdf 11?
Udroiu Drept Penal Pdf 11 can be accessed in different ways. One way is to buy the book from online or offline bookstores that sell legal literature. The book costs around 300 RON (about 60 EUR) for both volumes. Another way is to download the book from online platforms that offer free or paid access to legal documents. For example, you can find Udroiu Drept Penal Pdf 11 on Scribd, Academia.edu, or SlideServe. However, you should be aware that these platforms may not have the latest version of the book or may have incomplete or inaccurate information. Therefore, it is advisable to check the authenticity and validity of the sources before using them.
Main body
Partea Generală: The General Part of Criminal Law
The General Part of Criminal Law covers the general principles, institutions, norms, and rules that apply to all types of crimes and criminal proceedings in Romania. It consists of four chapters: Scopul procesului penal (The Purpose of Criminal Procedure), Acţiunea penală şi acţiunea civilă în procesul penal (Criminal Action and Civil Action in Criminal Procedure), Competenţa (Jurisdiction), and Procedura de judecată (Trial Procedure).
Scopul procesului penal: The Purpose of Criminal Procedure
The Purpose of Criminal Procedure is to ensure that justice is done in cases involving crimes. This means that criminal proceedings should respect the rights and interests of all parties involved: the state, the society, the victim, and the defendant. The main objectives of criminal procedure are:
To discover the truth about the facts and circumstances of a crime;
To identify and punish the person who committed a crime;
To prevent and deter future crimes;
To protect and restore the rights and interests of the victim;
To respect and guarantee the rights and freedoms of the defendant;
To contribute to maintaining public order and security.
To achieve these objectives, criminal procedure should follow certain principles, such as legality, impartiality, equality, adversariality, presumption of innocence, right to defense, celerity, proportionality, etc.
Acţiunea penală şi acţiunea civilă în procesul penal: Criminal Action and Civil Action in Criminal Procedure
Criminal Action and Civil Action in Criminal Procedure are two types of actions that can be initiated or exercised in relation to a crime. Criminal action is aimed at establishing the criminal liability of a person who committed a crime and applying a sanction (such as imprisonment, fine, etc.). Civil action is aimed at obtaining compensation for the damage caused by a crime (such as material or moral damages). Both actions can be initiated by different subjects:
Criminal actionCivil action
The public prosecutorThe victim
The injured personThe defendant
The civil partyThe civilly liable party
The hierarchical superiorThe state
The courtThe insurance company
-Other persons with legitimate interest
Criminal action and civil action can be exercised separately or jointly in criminal proceedings. However, there are some cases where civil action can only be exercised at a civil court (such as when there is no criminal action or when there are special laws that regulate civil liability).
Competenţa: Jurisdiction
Jurisdiction is the power or authority of an organ or institution to deal with a certain case involving a crime. Jurisdiction can be divided into four types: functional jurisdiction (the division of tasks among different organs or institutions), material jurisdiction (the division of cases according to their nature or gravity), personal jurisdiction (the division of cases according to certain characteristics or qualities of the parties involved), and territorial jurisdiction (the division of cases according to their location or origin). Jurisdiction can be determined by various criteria:
The type and severity of the crime;
The status or function of the defendant;
The place where the crime was committed or where its effects occurred;
The place where the defendant lives or was arrested;
The place where evidence or witnesses can be found;
The place where civil action was initiated or where civil liability can be enforced;
The place where international cooperation or assistance is required.
Jurisdiction can be changed or modified in certain situations:
When there is a conflict of jurisdiction between different organs or institutions;
When there is a lack of jurisdiction of the organ or institution that deals with the case;
When there is a request for declination or recusal of the organ or institution that deals with the case;
When there is a request for referral or transfer of the case to another organ or institution;
When there is a request for connection or disconnection of cases;
When there is a request for suspension or resumption of the case.
Partea Specială: The Special Part of Criminal Law
The Special Part of Criminal Law covers the specific types, forms, elements, and sanctions of crimes in Romania. It consists of four chapters: Infracţiuni contra persoanei (Offenses against the Person), Infracţiuni contra patrimoniului (Offenses against Property), Infracţiuni contra autorităţii (Offenses against Authority), and Alte infracţiuni (Other Offenses).
Infracţiuni contra persoanei: Offenses against the Person
Offenses against the Person are crimes that affect the life, health, physical integrity, dignity, honor, reputation, privacy, liberty, or other rights and interests of a person. Some examples of offenses against the person are:
Omorul: Homicide;
Vătămarea corporală: Bodily Injury;
Violul: Rape;
Traficul de persoane: Human Trafficking;
Şantajul: Blackmail;
Ameninţarea: Threat;
Calomnia: Slander;
Încălcarea vieţii private: Invasion of Privacy;
Privarea de libertate: Deprivation of Liberty;
Tortura: Torture.
Infracţiuni contra patrimoniului: Offenses against Property
Offenses against Property are crimes that affect the ownership, possession, use, enjoyment, or disposition of a movable or immovable property. Some examples of offenses against property are:
Furtul: Theft;
Tâlhăria: Robbery;
Înşelăciunea: Fraud;
Gestiunea frauduloasă: Embezzlement;
Distrugerea: Destruction;
Uzurparea de calităţi oficiale: Impersonation;
Falsul material în înscrisuri oficiale: Forgery;
Falsul intelectual: False Statement.
Infracţiuni contra autorităţii: Offenses against Authority
Offenses against Authority are crimes that affect the exercise, respect, or protection of the authority or function of a public official, a public institution, or a public interest. Some examples of offenses against authority are:
Zădărnicirea combaterii bolilor: Obstruction of Disease Control;
Nerespectarea măsurilor de siguranţă şi sănătate în muncă: Non-compliance with Occupational Safety and Health Measures;
Nerespectarea regimului armelor şi muniţiilor: Non-compliance with Weapons and Ammunition Regime;
Nerespectarea regimului materiilor explozive: Non-compliance with Explosive Materials Regime;
Mită: Bribery;
Traficul de influenţă: Influence Peddling;
Cumpărarea de influenţă: Influence Buying;
Abuzul în serviciu: Abuse of Office.
Conclusion
Summary of the main points
In this article, we have provided you with a comprehensive guide on Udroiu Drept Penal Pdf 11, a book written by Mihail Udroiu that covers both the general and the special part of criminal law and procedure in Romania. We have explained what Udroiu Drept Penal Pdf 11 is, why it is important to read it, how to access it, and what are its main contents. We have also given you some examples of the topics and issues that are discussed in the book.
Recommendations for further reading
If you want to learn more about criminal law and procedure in Romania, we recommend you to read the following sources:
The Code of Criminal Procedure (Codul de procedură penală), which is the main legal source that regulates criminal proceedings in Romania. You can find it online at https://lege5.ro/Gratuit/gm3dcojw/codul-de-procedura-penala.
The Code of Criminal Law (Codul penal), which is the main legal source that defines crimes and sanctions in Romania. You can find it online at https://lege5.ro/Gratuit/gm3tenjw/codul-penal.
The European Convention on Human Rights (Convenţia europeană a drepturilor omului), which is an international treaty that protects human rights and fundamental freedoms in criminal proceedings. You can find it online at https://www.echr.coe.int/Documents/Convention_RON.pdf.