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Conditions of the incidence of relative nullity (Art. 282 of the Criminal Procedure Code)
Relative nullity is a virtual nullity that derives from the fundamental principle of lawfulness and results from the infringement of any legal provisions regarding the proceedings, other than the ones expressly stipulated by law, that entail – result in absolute...
Cleared civil servant. Repairing the damage caused to the employee
I. The factual situation, briefly On 2nd October, 2015, the prosecution of the defendant, a civil servant, was ordered by the Prosecutor's Office attached to the District Court of Sector 1 Bucharest, context in which on 16th October, 2015 it was ordered the legal...
A recovery plan for Europe. Extraordinary European Council
EU leaders will attend a physical meeting in Brussels to discuss about the recovery plan in response to the crisis caused by COVID-19, as well as about a new long-term EU budget. The meeting will take place between 17th and 18th July 2020, during which a final...
Obtaining data regarding transactions vs. the financial status of an individual
In the initial version of the Code of Criminal Procedure, obtaining the financial information of an individual could be achieved by obtaining a surveillance warrant under the provisions of art. 138 para. 1 lit. e) Code of Criminal Procedure ("Obtaining data on a...
The right to deduct VAT. European regulation vs. national practice
The Court of Justice of the European Union (CJUE), in case file C-430/191 has recently ruled on a very interesting issue, namely that: “The principles governing the application by Member States of the common system of value added tax (VAT), in particular those of...
Judicial practice. Illegal access to a computer system
1. Does accessing a Facebook account fall within the provisions of art. 360 of the Criminal Code? Deed committed out of curiosity by a student at the Faculty of Engineering. Through criminal sentence no. 38 of 21.02.2019, pronounced by the County Court of Arad1 the...