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  1. 181

    Les sexualités des mineurs sous le contrôle du juge pénal aux XIXe et XXe siècles by Hélène Duffuler-Vialle

    Published 2020-03-01
    “…First, the principles of individual and sexual freedoms of the 19th century were only theoretical, which is reflected in the formal analysis of the law. Moreover, as doctrine, legislators and, to a lesser extent, case law systematically point out, it is less a question of defending sexual freedom than of defending the family institution by refusing to violate the honour of families through legal proceedings. …”
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  2. 182

    PRECAUTIONARY MEASURES IN CRIMINAL TRIAL - MATTERS REGARDING THE PROCEDURAL AND SUBSTANTIVE TIME-LIMITS by Georgian Mirel PETRE

    Published 2024-05-01
    “…Given that the judicial practice is non-unified with respect to the time-limit in which the precautionary measure ordered in criminal cases must be verified, I consider it appropriate to analyse in terms of interference with the suspect/defendant's patrimony the possibility of the judicial bodies to maintain the measure, both before the deadline established by law has expired, as well as after, in order to unify/standardise the application of the legal provisions in the matter. …”
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  3. 183

    ASPECTS OF GUILTY PLEA AND PROCEDURE OF GUILT ADMITTANCE, NEW JUDICIAL INSITUTIONS FOR A CRIMINAL TRIAL OF HIGHER QUALITY by Rodica Aida POPA

    Published 2017-05-01
    “…The two legal institutions ensure the compliance with the procedural guarantees of the right to a legal counsel of the defendant, sanctioning this one, taking place with a reduction of the sentence, under conditions stipulated by law. …”
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  4. 184

    Examining the Retrial for Conflicting Two Rulings Emphasizing the "Same Court" Element in the Light of Doctrine and Judicial Procedure by Roohollah Taherifard

    Published 2024-09-01
    “…The first party files a lawsuit against the defendant in Tehran once, and the verdict is issued against him. …”
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  5. 185

    THE WITNESS’S RIGHT AGAINST SELF-INCRIMINATION. NATIONAL STANDARD by Ioan-Paul CHIȘ

    Published 2018-05-01
    “…Thus, as a translation of the principle nemo testis idoneus in re sua, the Romanian legislator stipulated the witness’s right against self-incrimination under the privilege of not using his statements, in consideration of his locus standi, against him, regardless of the fact that he later on was given the status of a defendant for the same offence or whether he is a defendant in a different case, which is connected to the one where he is a witness. …”
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  6. 186

    THE EXERCISE AND LIMITATIONS FOR THE EXERCISE OF NONPATRIMONIAL RIGHTS AND OBLIGATIONS OF THE SPOUSES by Nicoleta Roxana ŞERBĂNOIU

    Published 2018-05-01
    “…The evolution of contemporary private law is due to the recognition of the importance of human rights, knowing a real progress in the last period of time, which has led to the promotion and protection of the person's subjective civil rights. …”
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  7. 187

    RATIO LEGIS PRZEDAWNIENIA by Tomasz Pałdyna

    Published 2017-06-01
    “…The reasons for introducing this legal means into the system of civil law are discussed in this paper. The aim of limitation of claims is the protection of the defendant in the proceedings because of the difficulties with presenting evidence for a claim which came into being many years before. …”
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  8. 188

    BRIEF CONSIDERATIONS REGARDING THE UNCONSTITUTIONALITY OF THE PROVISIONS OF ART. 126 PARA. (4) AND (5) CPP by Alexandru Vladimir OLĂNESCU

    Published 2024-05-01
    “…Specifically, the power of the judicial body to establish the status of threatened witness and to establish the protection measures referred to in art. 125 CPP in conjunction with art. 126 para. (1) CPP covers situations that call into question firm, coherent and adequate interventions to ensure the safety of the persons involved, which may also involve restrictions on the exercise of fundamental rights of defendants. However, in the latter hypothesis, the texts of law that exceed the generic regulatory framework and allow the execution of specific actions must also be subordinated to the principle of legality, as well as the constitutional conditions regarding the restriction of the exercise of certain rights provided by the provisions of art. 53 of the Romanian Constitution. …”
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  9. 189

    ENFORCEMENT OF THE RIGHT OF DEFENSE IN THE CRIMINAL TRIAL by Alina-Marilena ŢUCĂ

    Published 2019-05-01
    “…One of the fundamental principles of the criminal trial is the principle of enforcing the right of defense, being not only an expression of the rule of law, but also a necessary condition for the efficient course of justice. …”
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  10. 190

    RETURN OF THE CASE TO THE PUBLIC PROSECUTOR'S OFFICE FOR THE LACK OF INDIVIDUALIZATION OF THE COSTS IN THE BILL OF INDICTMENT by Sandra Sophie-Elise OLĂNESCU, Alexandru Vladimir OLĂNESCU

    Published 2022-06-01
    “…A fundamental principle that operates in law is that any allegation must be proved and that the person making such claim must justify it. …”
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  11. 191

    Explorer dans la Caraïbe la contribution des institutions nationales des droits de l’homme et des ombudsmans à l’appropriation des valeurs visant une meilleure gouvernance dans les... by Mulry Mondélice

    Published 2019-04-01
    “…By informing and educating people and raising awareness on human rights challenges, encouraging pluralism and consultation and fostering access to justice and other public services, those institutions involved in human rights diplomacy can contribute to a better appropriation of the complexity in realizing the rule of law. Mobilizing an interdisciplinary approach and methodology dealing with comparative public law, human rights international law, international economic law, socio-legal studies and political philosophy, and desk research and field reports, the paper sets out a couple of recommendations to foster NHRIs and ombudsman in law, diplomacy, and cooperation for development in the quest for change in the Caribbean region.…”
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  12. 192

    PARTICULARITIES OF CIVIL ACTION IN THE CASE OF FRAUD BY BANK CREDIT CONTRACTS by Andrei-Viorel IUGAN

    Published 2019-05-01
    “…The particularity of solving the civil action in this case is the fact that, according to Romanian law, the credit contract is an executory title, so the bank would have no reason to wait for the criminal trial because it can immediately proceed to the forced execution of the person who obtained the credit in fraudulently. …”
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  13. 193

    THEORETICAL AND PRACTICAL ASPECTS REGARDING THE EUROPEAN INVESTIGATION ORDER by Alina ANDRESCU

    Published 2021-05-01
    “…In the end, after presenting some relevant aspect regarding EIO, including the UK”s post-transition relationship with the EU, the paper ends with proposals for the ferenda law concerning the accomplishment of an adequate juridical framework and the application of the legal stipulation referring to international judicial cooperation in criminal matters.…”
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  14. 194
  15. 195

    Progressivity of Judges in Domestic Violence Disputes Settlement in The Case of Divorce in The Religious Court by Nita Triana

    Published 2018-11-01
    “…Whereas in the case of divorce by talak, the Judge views the law in book in his legal considerations  by giving protection to the wife, namely by giving the wife the right to earn a living Idah, Mutah (a living for one year to entertain the wife divorced by her husband), maskan and kiswah, according with what is stipulated in the Marriage Law and the Compilation of Islamic Law. …”
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  16. 196
  17. 197

    THE VICTIM IN THE ROMANIAN CRIMINAL TRIAL by Mircea DAMASCHIN

    Published 2018-05-01
    “…When drafting the new Criminal Procedure Code (nRCPC), the Romanian legislator chose to reassign the procedural roles, that is to reduce the number of parties from four (the accused, the injured party, the civil party and the party with civil liability) to three (the defendant, the civil party and the party with civil liability). …”
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  18. 198

    A SHORT PRESENTATION OF THE PRELIMINARY CHAMBER AS THE PHASE IN THE CRIMINAL PROCEEDINGS by Denisa BARBU

    Published 2018-05-01
    “…The Preliminary Chamber judge is not a training judge as provided for in the Romanian inter-war criminal law or in the French criminal proceedings, and has no competence in collecting evidence, discovering the offender or its participants, or analysing the merits of the accusation or in bringing the defendants to justice. …”
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  19. 199

    THE PROCEDURE OF REIMBURSEMENT OF THE COSTS INCURRED IN A TRIAL, IN A SUBSEQUENT TRIAL by Georgiana COMAN

    Published 2022-06-01
    “…Although many issues related to the claim for costs in another case have been clarified in case law or doctrine, further practice shows us that a legal issue can never be definitively clarified. …”
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  20. 200

    Gärningsmannaskap och medgärningsmannaskap i svensk rätt by Erik Svensson

    Published 2016-09-01
    “…English title: Perpetration and co-offending in Swedish criminal law The article presents an overview of the conclusions from my dissertation, Gärningsmannaskap vid fleras deltagande i brott, defended at Uppsala University in May 2016. …”
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