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• Criminal offences that infringe on individual freedom versus restrictions imposed during the pandemic to guarantee access to education

  12-22.

  Elena-Ana IANCU

  Enache TUȘA

  Views:

  120

  In the study we propose as follows, we will look at differences in perception between the pandemic constraints imposed by the governmenst of countries affected by the pandemic in view of managing the pandemic and society’s perception that governments have deprived citizens of their freedom by restricting their mobility and imposing restrictions with regard to travel, including in order to attend educational activities. In some cases, the communities affected by the restrictive measures have gone further, accusing governments of the crime of “Illegal Deprivation of Freedom”, which is included by the legislator in the criminal codes of countries. We consider that the accusations brought against the authorities are unfounded, exaggerated, and thoroughly wrong. We believe that they are due to communication gaps in the public domain, the differences in perception of community members in the context of changing paradigms and the insufficient legal education, which leads to confusion between illegal deprivation of freedom and limitations or restrictions. Although, in the legislation, the articles that provide for the criminal offences relevant to the matter are included in the criminal (penal) codes, for example, in the Romanian legislation in Article 205 of the Criminal Code, with the marginal name “Offences against Individual Freedom” of Title I, which bears the marginal name “Offences against the Person”, and falls within the area of ​​interest of legal sciences, we will analyze the effects in relation to the limitations and restrictions imposed by the authorities for the management of the pandemic. To this end, on the one hand we will highlight the aspects of material criminal law necessary for the legal classification of a deed as offence of illegal deprivation of freedom, in accordance with the provisions of the Criminal Codes of Romania, Hungary, Republic of Italy, Greece, and on the other hand, we will present some aspects regarding the management of the coronavirus crisis in the area of ​​education.

• Aspects of Penal Law and Investigation of the Criminal Offence of Theft as Stipulated by the Romanian Criminal Code

  1-12

  Elena-Ana Mihuţ

  Views:

  103

  Theft represents one of the oldest ways of embezzling goods from the public or private patrimony. As a typical form of criminal offences concerning the patrimony which are committed by stealing, it represents a great social danger in any given historic age. Thus, it is necessary that the judiciary bodies be aware of the main issues concerning the methodology of investigation of this kind of criminal offences, as well as of the nature of the causes and conditions that trigger or favorize the committing of such deeds.
  The Romanian Criminal Code stipilates in article 208 theft in its simple form and in article 209 aggravated theft. Simple theft has the following forms: theft of movable material goods, theft of energies or documents; theft of a good that belongs entirely or partly to the doer; theft of a vehicle for the purpose of using it; theft from one’s spouse; theft committed by the person who lives with the injured party or is housed by the latter; theft committed by a minor to damage his/herguardian. According to the Romanian legal provision theft consists in ”taking a movable good from the possession or custody of another, without the consent of the latter, for the purpose of unjustly appropriating it“, certain circumstances being necessary to consider it as an aggravated theft. Activities performed in accordance with the forensic regulations and with the provisions of the Romanian Code of Criminal Procedure must clarify the following general aspects: what is the area of the crime scene, what category do the stolen goods belong to, the circumstances in which the deed was committed with reference to the number of persons that participated together in committing the theft, conditions of place and time, the way of getting on the crime scene. Also, dispositions can be given to perform searches, reconstructions, to present persons and objects in order to have them recognized, as well as tactical activities of hearing persons.

• A társadalomra veszélyesség – mint bűncselekmény fogalmi összetevő – értelmezése, különös tekintettel e fogalmi elem szükségességére, vagy elvetendőségére

  Orsolya Zádor

  Views:

  24

  Without abstract.

• Self-Driving Cars and Criminal Liability

  34-46.

  Béla Csitei

  Views:

  161

  After clarifying the concepts of automated and autonomous vehicles, the purpose of the study is to investigate how reasonable the criminal sanction is arising from accidents caused by autonomous vehicles. The next question to be answered is that the definition of the crime according to the Hungarian law may be applied in case of traffic related criminal offences caused by automated and autonomous vehicles. During my research I paid special attention to two essential elements of criminal offence, namely the human act and guilt. Furthermore, I strived for finding solution for the next problem, as well: if the traffic related criminal offence is committed by driving an autonomous vehicle, how to define the subject of criminal liability.