Augustin Lazar
Augustin Lazăr (born October 25, 1956, Rădesti, Alba County, Romania) is a university law professor and author of legal publications. Lazăr served as the Prosecutor General of the Prosecutor's Office attached to the High Court of Cassation and Justice of Romania from April 28, 2016, until 27 April, 2019.
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Books by Augustin Lazar
without pretending to be exhaustive. It wishes to be especially a starting point meant to
generate a new complex and interdisciplinary direction for scientific research and practical
action, aiming, on one hand, at an integrating legal view – which involves aspects from
constitutional law, through the civil law, the criminal law, to the environmental law and the
urbanism law, as well as EU law and international law –, and, on the other hand, a vast
connection with various fields of interaction related to culture and nature, to cultural and
natural heritage, which at their turn are taken as a whole.
The pages of the book are expressing this time too the result of the initiative and the
joint efforts of the Romanian Academy – „Acad. Andrei Rădulescu” Legal Research
Institute, and a major institution of the Constitutional State, namely the Prosecutor’s Office
within the High Court of Cassation and Justice, which represent the eloquent expression of
how the scientific research and the practical action may combine in a happy manner in
order to find pertinent and efficient solutions to social, economic and cultural issues of our
times.
As this is already a tradition – given the prior papers already published and known –
we give our cooperation the form of the project Protection of Romanian cultural and
natural heritage under the generous aegis both of the Great Union Centennial, and of the
receptivity and vocation of the Romanian law and legal culture at European level.
A survival guide” intends to outline a narrative of the Romanian magistrates’ actions
endorsing the rule of law and the independence of Magistracy during the 2017-2019
interval, analysing the conduct of public authorities and the various reactions displayed
by judges and prosecutors.
The book, written by judges and prosecutors, is equally meant for magistrates and,
in particular, for the general public, civil society and all those who are able to learn
lessons from the entire context. At the same time, the practical example provided is
likely to incentivise similar reactions throughout the pools of magistrates in Romania’s
neighbouring countries, with comparable legislative and judicial scenes, in societies still
transitioning after extended dictatorships.
Money laundering - autonomous offense. Material object of the offense: archeological goods and amounts of money subject to a recycling process. Material element of the objective side. Alternative ways of committing the offense through acquiring and illegal placing, on the legal antiquities market, as well as changing and transferring through sales, goods previously stolen from archeological sites, while knowing they were the product of qualified theft of goods pertaining to the national cultural heritage, unauthorized for export.
Subjective side, difference from concealment. Changing or transferring cultural goods, while kowing they are the product of certain offenses, with the purpose of concealing the illicit nature of these goods through forgery and attributing a false origin, as pertaining to private collections - or with the purpose of helping the author of the offense from which the goods originated to evade prosecution, judgement or execution of the sentence; acquiring, holding or using goods by another person beside the active subject of the offense from which the goods originate, while knowing they are the product of crime.
The civil side. Oligation of the defendant to pay the civil damages consisting of the expenses made by the Romanian State as compensation for the repatriation of the artifacts that were stolen, acquired and illegally transferred on the antiquities market. Special confiscation of the product of the crime: archeological artifacts - bronze tables of Roman laws and a lot of Koson gold coins - stolen from sites and recycled as pieces of private collections; money resulted from the valorisation of the stolen artifacts. Ne bis in idem? Decision to end the criminal trial – given by the judicial control court, based on the wrong ascertainment of the inexistance of the special prescription institution of criminal liability. Instruments of international judicial cooperation: European Evidence Warrant (EEW), UNIDROIT Convention. Content analysis of the legal document Lex municipalis Troesmensium. (Alba Iulia Court of Appeal, Criminal Section, decision no. 333/11.06.2020, pronounced in the file no. 1335/97/2017*).
Keywords: money laundering, autonomous offense; material object, archeological goods, amounts of money; false origin, private collections pieces; ne bis in idem, civil damages, special confiscation, Lex municipalis Troesmensium, special prescription, facta praeterita, instruments of international judicial cooperation, EPPO.
Papers by Augustin Lazar
Dacian shields and gold and silver coins.
Case law proves the functionality of international legal instruments (European evidence warrant, freezing order, European investigation order, UNIDROIT Convention of 1995). These mechanisms will be used for the repatriation of laundered cultural goods, tracked by the INTERPOL, such as: 11 gold spirals, thousands of ancient coins and artefacts that have fallen into the wrong hands, but which will hopefully find their rightful place in the Romanian Historical Treasury collections in the future.
without pretending to be exhaustive. It wishes to be especially a starting point meant to
generate a new complex and interdisciplinary direction for scientific research and practical
action, aiming, on one hand, at an integrating legal view – which involves aspects from
constitutional law, through the civil law, the criminal law, to the environmental law and the
urbanism law, as well as EU law and international law –, and, on the other hand, a vast
connection with various fields of interaction related to culture and nature, to cultural and
natural heritage, which at their turn are taken as a whole.
The pages of the book are expressing this time too the result of the initiative and the
joint efforts of the Romanian Academy – „Acad. Andrei Rădulescu” Legal Research
Institute, and a major institution of the Constitutional State, namely the Prosecutor’s Office
within the High Court of Cassation and Justice, which represent the eloquent expression of
how the scientific research and the practical action may combine in a happy manner in
order to find pertinent and efficient solutions to social, economic and cultural issues of our
times.
As this is already a tradition – given the prior papers already published and known –
we give our cooperation the form of the project Protection of Romanian cultural and
natural heritage under the generous aegis both of the Great Union Centennial, and of the
receptivity and vocation of the Romanian law and legal culture at European level.
A survival guide” intends to outline a narrative of the Romanian magistrates’ actions
endorsing the rule of law and the independence of Magistracy during the 2017-2019
interval, analysing the conduct of public authorities and the various reactions displayed
by judges and prosecutors.
The book, written by judges and prosecutors, is equally meant for magistrates and,
in particular, for the general public, civil society and all those who are able to learn
lessons from the entire context. At the same time, the practical example provided is
likely to incentivise similar reactions throughout the pools of magistrates in Romania’s
neighbouring countries, with comparable legislative and judicial scenes, in societies still
transitioning after extended dictatorships.
Money laundering - autonomous offense. Material object of the offense: archeological goods and amounts of money subject to a recycling process. Material element of the objective side. Alternative ways of committing the offense through acquiring and illegal placing, on the legal antiquities market, as well as changing and transferring through sales, goods previously stolen from archeological sites, while knowing they were the product of qualified theft of goods pertaining to the national cultural heritage, unauthorized for export.
Subjective side, difference from concealment. Changing or transferring cultural goods, while kowing they are the product of certain offenses, with the purpose of concealing the illicit nature of these goods through forgery and attributing a false origin, as pertaining to private collections - or with the purpose of helping the author of the offense from which the goods originated to evade prosecution, judgement or execution of the sentence; acquiring, holding or using goods by another person beside the active subject of the offense from which the goods originate, while knowing they are the product of crime.
The civil side. Oligation of the defendant to pay the civil damages consisting of the expenses made by the Romanian State as compensation for the repatriation of the artifacts that were stolen, acquired and illegally transferred on the antiquities market. Special confiscation of the product of the crime: archeological artifacts - bronze tables of Roman laws and a lot of Koson gold coins - stolen from sites and recycled as pieces of private collections; money resulted from the valorisation of the stolen artifacts. Ne bis in idem? Decision to end the criminal trial – given by the judicial control court, based on the wrong ascertainment of the inexistance of the special prescription institution of criminal liability. Instruments of international judicial cooperation: European Evidence Warrant (EEW), UNIDROIT Convention. Content analysis of the legal document Lex municipalis Troesmensium. (Alba Iulia Court of Appeal, Criminal Section, decision no. 333/11.06.2020, pronounced in the file no. 1335/97/2017*).
Keywords: money laundering, autonomous offense; material object, archeological goods, amounts of money; false origin, private collections pieces; ne bis in idem, civil damages, special confiscation, Lex municipalis Troesmensium, special prescription, facta praeterita, instruments of international judicial cooperation, EPPO.
Dacian shields and gold and silver coins.
Case law proves the functionality of international legal instruments (European evidence warrant, freezing order, European investigation order, UNIDROIT Convention of 1995). These mechanisms will be used for the repatriation of laundered cultural goods, tracked by the INTERPOL, such as: 11 gold spirals, thousands of ancient coins and artefacts that have fallen into the wrong hands, but which will hopefully find their rightful place in the Romanian Historical Treasury collections in the future.
The legal mechanism of the 1995 UNIDROIT Convention proved effective and equitable in encouraging amicable agreements reached. The mechanism will be used by the bona fide holders for the return of the other 11 gold spirals as well as the pursued monetary treasures fallen in the wrong hands, but which in the future will find their rightful place in the collections of the Historical Treasure of Romania.
http://www.unesco.org/new/fileadmin/MULTIMEDIA/HQ/CLT/movable/images/IllicitTraffickingProgrammeEN_01.pdf