Papers by Vasile Draghici
Ovidius University Annals: Economic Sciences Series, 2016
The expression used by the legislator in article 8 paragraph 1 of the Romanian Penal Code shows t... more The expression used by the legislator in article 8 paragraph 1 of the Romanian Penal Code shows that the Romanian criminal law enforcement is exclusive and unconditional, so regardless of the category of acts which are committed on the Romanian territory, the criminal jurisdiction will be always exercised by the Romanian State through its competent bodies. From this point of view it appears that the Romanian legislator remained constant regarding the territoriality of Romanian criminal law. In the current regulation of art. 8, paragraph 3 of the Penal Code, the offense committed in Romania, is any offense committed on the territory defined in art. 8 paragraph 2 of the Penal code or a ship under the Romanian flag or an aircraft registered in Romania.
DOAJ (DOAJ: Directory of Open Access Journals), 2016
Wishing to emphasise the importance of the fundamental social values defended by the criminalizat... more Wishing to emphasise the importance of the fundamental social values defended by the criminalization of the human trafficking crime, the Romanian legislator, with the change of the penal code, by the entering into force on February 1, 2014 the new code, incriminated human trafficking in the article 210 of this complex criminal law. Thus, according to article 210 of the Penal Code, the crime of human trafficking involves "recruiting, transportation, sheltering or receiving of a person with the purpose of exploiting.For the offense of human trafficking there may exist preparatory acts, but the law does not incriminate these acts as crimes and does not punish them. The attempt is punished according to article 217 of the Penal Code, stating that the attempt to the offenses stipulated at articles 209-211 and article 213 paragraph 2 of the Penal Code shall be punished.
Ovidius University Annals: Economic Sciences Series, 2015
Migration has accompanied the human society in its evolution, experiencing significant growth wit... more Migration has accompanied the human society in its evolution, experiencing significant growth with its increased development. Against this background, illegal migration has developed into a fast pace, currently representing a problem for the European countries, generating multiple consequences. It requires a common policy, management and control. Unfortunately, in Romania, migratory flows have intensified, which resulted in complex structures, both in the legislative and the organizational measures taken in order to control and combat the phenomenon of illegal migration.
Constanta Maritime University Annals, 2016
This paper’s aim is to present the provisions regarding the current codification of crimes relate... more This paper’s aim is to present the provisions regarding the current codification of crimes related to sailing. The crime of sailing a ship without having a legal document is a serious offense stipulated within the Romanian law, since it produces a state of danger to the well-being of naval traffic. This paper will also discuss the various ways in which a person can commit the crimes, the elements of the incriminating norm, and also will compare the different opinions present in current doctrine.
Constanta Maritime University Annals, 2016
DOAJ (DOAJ: Directory of Open Access Journals), Jun 1, 2015
The society does not have to be a mere observer of reality; it should have an initiative and it s... more The society does not have to be a mere observer of reality; it should have an initiative and it should take measures in order to ensure the common good. It is very important to have in mind that, besides the criminal law, the church is another entity that protects social values. From this angle, they represent what we want, seek, cherish and love. The valuation criteria depend on the value assessment of the members of the society, on their conscience and, not least, on their degree of culture. The society categorizes as social values all those criteria on which it depends for its existence, development and sustainability.
Wishing to emphasise the importance of the fundamental social values defended by the criminalizat... more Wishing to emphasise the importance of the fundamental social values defended by the criminalization of the human trafficking crime, the Romanian legislator, with the change of the penal code, by the entering into force on February 1, 2014 the new code, incriminated human trafficking in the article 210 of this complex criminal law. Thus, according to article 210 of the Penal Code, the crime of human trafficking involves "recruiting, transportation, sheltering or receiving of a person with the purpose of exploiting.For the offense of human trafficking there may exist preparatory acts, but the law does not incriminate these acts as crimes and does not punish them. The attempt is punished according to article 217 of the Penal Code, stating that the attempt to the offenses stipulated at articles 209-211 and article 213 paragraph 2 of the Penal Code shall be punished.
Ovidius University Annals: Economic Sciences Series, 2016
Wishing to emphasise the importance of the fundamental social values defended by the criminalizat... more Wishing to emphasise the importance of the fundamental social values defended by the criminalization of the human trafficking crime, the Romanian legislator, with the change of the penal code, by the entering into force on February 1, 2014 the new code, incriminated human trafficking in the article 210 of this complex criminal law. Thus, according to article 210 of the Penal Code, the crime of human trafficking involves „recruiting, transportation, sheltering or receiving of a person with the purpose of exploiting.For the offense of human trafficking there may exist preparatory acts, but the law does not incriminate these acts as crimes and does not punish them. The attempt is punished according to article 217 of the Penal Code, stating that the attempt to the offenses stipulated at articles 209- 211 and article 213 paragraph 2 of the Penal Code shall be punished.
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Papers by Vasile Draghici