Penal Code Of Romania
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Penal Code Of Romania
The Penal Code of Romania (''Codul penal al României'') is a document providing the legal basis regarding criminal law in Romania. The Code contains 446 articles. The articles mention aspects such as the national boundaries of law and the crimes that fall under the incidence of penal law. Judicial discretion is granted by the Code through the use of minimum and maximum sentences. The most recent version of the Romanian Penal Code has come into effect on 1 February 2014. History The Penal Code of 1865 The Romanian Penal Code was first issued in 1865, under the leadership of A.I. Cuza. The Code (also known as the ''Cuza Code'') standardized the laws of the Principality of Wallachia and Principality of Moldova, which since 1859 were united under a single Principality. The Code has been developed using several notions from the Penal Code of France and the Penal Code of Prussia. The ''Cuza Code'' included the principle of legal equality. Instead of the capital punishment, the m ...
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Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ...
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Attempt
An attempt to commit a crime occurs if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for reasons not intended by the criminal, the final resulting crime does not occur.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan (law professor), Robert Weisberg, Guyora Binder, /ref> Attempt to commit a particular crime is a crime, usually considered to be of the same or lesser gravity as the particular crime attempted. Attempt is a type of inchoate crime, a crime that is not fully developed. The crime of attempt has two elements, intent and some conduct toward completion of the crime.Defining Attempts: Mandujano's Error, Duke University, Michael R. Fishman/ref> One group of theories in criminal law is that attempt to commit an act occurs when a person comes dangerously close to carrying out a criminal act, and intends to commit the act, but does not commit it. The person may have ca ...
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Constitution Of Romania
The current Constitution of Romania is the seventh permanent constitution in modern Romania's history. It is the fundamental governing document of Romania that establishes the structure of its government, the rights and obligations of citizens, and its mode of passing laws. It stands as the basis of the legitimacy of the Romanian government. Adopted on 21 November 1991, it was approved on 8 December 1991 in a national referendum and promulgated on the same day. The constitution was amended once by a referendum on 18 October 2003. The new text took effect on 29 October 2003. Structure The Constitution of 1991, as revised in 2003, contains 156 articles, divided into 8 titles: * Title I - General principles * Title II - Fundamental rights, liberties, and duties * Title III - Public authorities * Title IV - The economy and public finance * Title V - Constitutional Court * Title VI - Euro-Atlantic integration * Title VII - Revising the Constitution * Title VIII - Final and transi ...
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Life Imprisonment
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for which, in some countries, a person could receive this sentence include murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, drug trafficking, drug possession, human trafficking, severe fraud and financial crimes, aggravated criminal damage, arson, kidnapping, burglary, and robbery, piracy, aircraft hijacking, and genocide, crimes against humanity, war crimes or any three felonies in case of three-strikes law. Life imprisonment (as a maximum term) can also be imposed, in certain countries, for traffic offences causing death. Life imprisonment is not used in all countries; Portugal was the first country to abolish life imprisonment, in 1884. Where life imprisonment is a possible sentence, there may als ...
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Capital Punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that the person is responsible for violating norms that warrant said punishment. The sentence ordering that an offender is to be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is ''condemned'' and is commonly referred to as being "on death row". Crimes that are punishable by death are known as ''capital crimes'', ''capital offences'', or ''capital felonies'', and vary depending on the jurisdiction, but commonly include serious crimes against the person, such as murder, mass murder, aggravated cases of rape (often including child sexual abuse), terrorism, aircraft hijacking, war crimes, crimes against h ...
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Romanian Revolution Of 1989
The Romanian Revolution ( ro, Revoluția Română), also known as the Christmas Revolution ( ro, Revoluția de Crăciun), was a period of violent civil unrest in Romania during December 1989 as a part of the Revolutions of 1989 that occurred in several countries around the world. The Romanian Revolution started in the city of Timișoara and soon spread throughout the country, ultimately culminating in the drumhead trial and execution of longtime Romanian Communist Party (PCR) General Secretary Nicolae Ceaușescu and his wife Elena, and the end of 42 years of Communist rule in Romania. It was also the last removal of a Marxist–Leninist government in a Warsaw Pact country during the events of 1989, and the only one that violently overthrew a country's leadership and executed its leader; according to estimates, over one thousand people died and thousands more were injured. Following World War II, Romania was placed under the Soviet sphere of influence in 1947 with Communist rul ...
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Homosexual Acts
Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to people of the same sex. It "also refers to a person's sense of identity based on those attractions, related behaviors, and membership in a community of others who share those attractions." Along with bisexuality and heterosexuality, homosexuality is one of the three main categories of sexual orientation within the heterosexual–homosexual continuum. Scientists do not yet know the exact cause of sexual orientation, but they theorize that it is caused by a complex interplay of genetic, hormonal, and environmental influences and do not view it as a choice. Although no single theory on the cause of sexual orientation has yet gained widespread support, scientists favor biologically based theories. There is considerably more evidence supporti ...
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Parasitism (social Offense)
Social parasitism was a political crime in the Soviet Union in which the perpetrator was accused of living at the expense of other people or society. A number of Soviet intellectuals and dissidents were accused of the crime of parasitism, including Joseph Brodsky, Iosif Begun, Vladimir Voinovich, Lev Kopelev and Andrei Amalrik. Soviet Union In the Soviet Union, which declared itself a workers' state, every adult able-bodied person was expected to work until official retirement. Thus unemployment was officially and theoretically eliminated. Those who refused to work, study or serve in another way risked being criminally charged with ''social parasitism'' (russian: тунеядство ''tuneyadstvo'', тунеядцы 'tuneyadets/tuneyadtsy"''), in accordance with the socialist principle "from each according to his ability, to each according to his contribution." In 1961, 130,000 people were identified as leading the "Anti-social behaviour">anti-social, parasitic way of li ...
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Marxist
Marxism is a Left-wing politics, left-wing to Far-left politics, far-left method of socioeconomic analysis that uses a Materialism, materialist interpretation of historical development, better known as historical materialism, to understand Social class, class relations and social conflict and a dialectical perspective to view social transformation. It originates from the works of 19th-century German philosophers Karl Marx and Friedrich Engels. As Marxism has developed over time into various branches and schools of thought, no single, definitive Marxist philosophy, Marxist theory exists. In addition to the schools of thought which emphasize or modify elements of classical Marxism, various Marxian concepts have been incorporated and adapted into a diverse array of Social theory, social theories leading to widely varying conclusions. Alongside Marx's critique of political economy, the defining characteristics of Marxism have often been described using the terms dialectical mater ...
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Collective Punishment
Collective punishment is a punishment or sanction imposed on a group for acts allegedly perpetrated by a member of that group, which could be an ethnic or political group, or just the family, friends and neighbors of the perpetrator. Because individuals who are not responsible for the wrong acts are targeted, collective punishment is not compatible with the basic principle of individual responsibility. The punished group may often have no direct association with the perpetrator other than living in the same area and can not be assumed to exercise control over the perpetrator's actions. Collective punishment is prohibited by treaty in both international and non-international armed conflicts, more specifically Common Article 3 of the Geneva Conventions and Additional Protocol II. When collective punishment has been imposed it has resulted in atrocities. Historically, occupying powers have used collective punishment against resistance movements. In some cases entire towns and villa ...
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Sentence (law)
In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multiple crimes may be a concurrent sentence, where sentences of imprisonment are all served together at the same time, or a consecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a prison followed by street time period of parole, supervised release or probation until the total sentence is completed. If a sentence is reduced to a less harsh punishment, then the sentence is said to have been mi ...
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Presumption Of Innocence
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact (a judge or a jury). If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted. The opposite system is a presumption of guilt. In many countries and under many legal systems, including common law and civil law systems (not to be confused with the other kind of civil law, which deals with non-criminal legal issues), the presumption of innocence is a legal right of the accused in a criminal trial. It is also an international human right under the UN's Universal Declaration of Human Rights, Article 11. Hist ...
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