The author presents the changes introduced by the new Criminal Code on the matter under consideration in terms of systematic and legal content of various incrimination legal norms, highlighting the positive aspects as well as the debatable ones with regard to formulating de lege ferenda proposals.
Further on, the author makes a comparative study of the incrimination legal norms that have corresponding rules in the criminal law, now in force, a brief examination of the ex novo incriminations, analysis accompanied by several observations and some suggestions (de lege ferenda proposals) to improve the examined texts.
The author underlines the amendments brought to the offences against
property, set out under Title II of the special part of the new Criminal Code of
2009, under review in terms of systematisation and of the legal content of
various criminalization norms, highlighting both positive aspects and the
arguable ones, in relation to which he puts forward several de lege ferenda
Furthermore, the author achieves a comparative research of the
criminalization norms that have a correspondent in the criminal law currently
in force, a quick review of the ex novo criminalization norms; this analysis is
accompanied by several observations and recommendations (de lege ferenda
proposals) for improving the texts under review.
The authors express their reasoned agreement concerning a decision of the court by which an insurance company was jointly and severally liable with the defendant to pay an amount in RON, in compensation for damages caused by the defendant’s offense, even if this was cited as an insurer in criminal proceedings (as unforeseen in the Code of criminal Procedure).