On July 4, 2024, our company obtained on July 4, 2024, the dismissal of the case and the referral of the case to the prosecutor's office for further prosecution in a case concerning the commission of the crime of construction fraud. This is the second time that the case has been dismissed by the court. In the same case, an objection concerning the duration of

The Chief Prosecutor of the Public Prosecutor's Office of the Court of Galati admitted the complaint lodged by our client (a non-governmental organization active in the field of human rights), dismissed a decision to dismiss the case (on the grounds that the act did not exist) by the Public Prosecutor's Office of the Galati District Court and reopened the criminal prosecution in a case in which investigations were conducted into a

The High Court of Cassation and Justice ruled, in a judgment handed down in the appeal for our client, that the professional obligations incumbent on the medical professional have the significance of the predicate situation of the offence of manslaughter which had been held against him in the decision handed down on appeal. According to the same judgment, the determination by the court of appeal in cassation of

At our request, the preliminary chamber judge of the High Court of Cassation and Justice - Criminal Division has referred the matter to the Constitutional Court for constitutional review on the grounds of unconstitutionality of the provisions of Article 152 of the Criminal Procedure Code, as they do not provide for an appeal, following the decision to close the case, in the case of obtaining traffic and location data processed by public network providers.

The preliminary chamber judge of the High Court of Cassation and Justice - Criminal Division admitted the complaint based on Articles 8 and 13 of the European Convention on Human Rights concerning the authorisation of the obtaining of traffic and location data processed by providers of public electronic communications networks or providers of electronic communications services for the purpose of

The Preliminary Chamber Judge of the High Court of Cassation and Justice - Criminal Division admitted the complaint based on the provisions of Article 1451 of the Criminal Procedure Code concerning the technical surveillance measures ordered in respect of our client in a case in which a decision to close the case was ordered, finding that they were unlawful. The measures concerned the interception of communications and any type of communication at

Our company has obtained, following the steps taken at the Cadastre and Real Estate Publicity Office, the cancellation of some seizures established in two criminal cases in 2008. The company whose assets were subject to the attachment measures was in insolvency proceedings, opened under Law no. 64/1995 and continued under Law no. 85/2006, which were sold at public auction in the year

At our request, the preliminary chamber judge of the High Court of Cassation and Justice - Criminal Division has referred the matter to the Constitutional Court for constitutional review, with the exception of unconstitutionality of Article 158 para. (9) and art. 159 of the Code of Criminal Procedure. As in the case of computer searches, the exception concerns the situation of the person subject to this evidentiary procedure, who,

The High Court of Cassation and Justice - Criminal Section has admitted the request for referral to the Constitutional Court with the exception of unconstitutionality of the provisions of Article 168 of the Criminal Code. In essence, the objection was based on the fact that the legal provisions at issue do not allow a person who has been subjected to a computer search and who did not have a status in the case, to submit, after the search has been closed, to the control of

In a criminal trial started in 2013, the case is still before the first court, our firm has filed a challenge on behalf of the client we represent - a credit institution that has joined the criminal proceedings as a civil party - regarding the duration of this criminal trial. The appeal was based on the provisions of the European Convention on Human Rights, since the remedy provided for by the Code of Procedure

In a case at the preliminary chamber stage, a judgment ordered the land register to record the fact that several buildings belonging to injured parties formed the material object of one of the offences at issue in the proceedings. The properties were not seized under Article 249 of the Criminal Procedure Code. Our appeal against the judgment thus delivered - lodged at the same time as that against

On 25 October 2023, the High Court of Cassation and Justice referred to the Constitutional Court, at our request, the exception of unconstitutionality of Article 438 para. (1) C.pr.pen., since the legal provisions at issue do not allow for an appeal in cassation to be lodged in the event that the criminal proceedings have not been wrongly terminated, although the grounds for termination have been examined.

On 13 October 2023, our company obtained the cancellation of the decision to close the case and the referral of the case to the Public Prosecutor's Office for the completion of the criminal proceedings, in a case concerning alleged inhuman and degrading treatment. The victim is a severely disabled person who has spent her whole life in the state protection system and has suffered several injuries in circumstances

According to Article 315 para. (2) letter a) of the Criminal Procedure Code, the measures shall cease to be effective if the injured party does not bring an action before the civil court within 30 days of the communication of the decision. In such an action brought before the civil court, on 6 September 2023, the Bucharest Court upheld the plea of passive legal standing of the credit institution, which we have

As of 1 September 2023, Mrs Mihaela Ghirca-Bogdan joins our team of lawyers. Ms. Ghirca-Bogdan is a member of the Bucharest Bar Association and works in her own form of practice (Individual Practice), having more than 15 years of professional experience in the field of law, especially in the coordination and management of commercial, administrative and criminal litigation. During the last 9 years, he has

On 31 August 2023, the Buzău Court - Criminal Section admitted the request for referral to the Constitutional Court with the exception of unconstitutionality of the provisions of Article 168 C.pr.pen. In essence, the objection was based on the fact that the legal provisions in question do not allow the person who is a suspect to submit the decision granting the

Our society represented the Centre for Legal Resources (CRJ), an NGO that carries out programmes to defend the rights of people with disabilities and which monitored a residential centre where such people are housed, showing that it also has legal standing in the criminal proceedings investigating the findings of the monitoring. Thus, in those cases where one

In a case pending before the Bihor Court, tried in 2022, lawyer Andra Trandafir obtained the lifting of the measure of attachment of assets worth more than RON 2,000,000 for the heirs of the person against whom the case was ordered to be closed, a solution which occurred following the death of the defendant. Despite the closure of the case against the defendant, the indictment included, in addition to the reference to

On 23.03.2023, our colleague lawyer Dorel Herinean, external collaborator of the company, publicly defended his PhD thesis entitled "Plurality of perpetrators in the case of crimes committed by legal persons" at the Faculty of Law, University of Bucharest. Following the public presentation, the committee proposed the awarding of the doctoral degree, with the qualification Excellent. The doctoral thesis outlined the rules of a form

In order to pay homage to the memory of Professor Viorel Mihai CIOBANU, from whom more than 40 classes of students learned civil procedure, and on the occasion of the 10th anniversary of the entry into force of the new Code of Civil Procedure, whose father was Professor CIOBANU, the Civil Procedure Centre of the Faculty of Law of the University of Bucharest

On November 12, 2022, Mrs. lawyer, Associate Professor Andra-Roxana Trandafir, PhD participated in the [Inter]national Conference of Civil Law. Family. The Vth edition, an event organized by the Family Law Journal in partnership with the Faculty of Law of the University of Bucharest and the Universul Juridic Publishing House. The  presented theme was "Abandonment of family - problems in judicial practice" and

On 18 October 2022, the High Court of Cassation and Justice - Criminal Section admitted the application for referral to the Constitutional Court with the exception of unconstitutionality of the provisions of art. 435, 436 para. (1) and 438 para. (1) point 12 C.pr.pen., exception invoked in relation to the provisions of Article 16 para. (1), Articles 21 and 44 of the Constitution, respectively Article 21 of the Constitution.

Between 11-14 October 2022, Mrs. Andra-Roxana Trandafir, lawyer, participated as a legal expert from the Romanian State in an arbitration case that took place in London, within ICSID (International Centre for Settlement of Investment Disputes). Participation in the hearings has crowned the work done in drafting legal opinions over the last almost 20 months in this regard

On September 22, 2022, Mrs. Andra-Roxana Trandafir, lawyer, participated in the Conference "Difficult Issues of Criminal Law (ed. 7). Precautionary measures in criminal proceedings. The fiscal perspective on precautionary measures", organized by the Society of Legal Sciences, supporting a communication entitled "The notion of damage in the case of precautionary measures". The presentation addressed issues regarding the possibility of instituting precautionary measures for repair

In the journal Annals of the "Alexandru Ioan Cuza" University of Iași - Legal Sciences Series no. II/2022 was published the article entitled "Appeal in the case of preventive measures applicable to the legal person", drafted by lawyer, Associate Professor Andra-Roxana Trandafir, PhD and Assistant Professor George-Alexandru Lazăr, PhD. The material envisages the analysis of the provisions of art. 493 para. (7) of the Criminal Procedure Code governing the objection to the conclusion by which

By the request addressed to the High Court of Cassation and Justice, on May 26, 2022, the holder of the complaint – the Management Board of the Galați Court of Appeal – notified the supreme court – the panel competent to judge the appeal in the interest of the law with the following issue of law: "art. 52 para. (2) of the Labour Code, reported to the Decision of the Constitutional Court of Romania

By the request addressed to the High Court of Cassation and Justice, on May 18, 2022, the holder of the complaint – Târgu Mureș Court of Appeal – Criminal Section and for cases with minors and family – the panel of judges hearing the appeal against the decision of the preliminary chamber judge of the Mureș Tribunal – requested the supreme court to

The Faculty of Law of the West University of Timisoara, through the Center for Research in Criminal Sciences, Universul Juridic Publishing House and the Timiș Bar Association, organized, in collaboration, the Criminal Law Conference In Honorem Viorel Paşca – 70 years old, which will take place on June 23, 2022, in Timișoara.The event represented a conference for the launch of the volume Liber Amicorum

On June 17, 2022, Mrs. Av. Assoc. Prof. Dr. Andra-Roxana Trandafir, together with Mr. Assistant. Univ. Dr. George-Alexandru Lazăr, held a presentation on "The valences of conformity (compliance): from the elimination of guilt to the individualization of punishments in the case of legal entities", within the conference "Corporate compliance. Criminal valences and criminal procedure". The event was organized by the Center for Research in

In AUBD magazine - Legal Forum nr. 1/2022 was published the article entitled "Virtual currencies: between obtaining data on financial transactions and taking precautionary measures in criminal proceedings", drafted by Mrs. Av. Assoc. Prof. Dr. Andra-Roxana Trandafir and Mr. Av. Dr. George Zlati. This article analyses the relevant technical and legal issues in the context of the process of freezing virtual currencies

In a case pending on 9 June 2022 before the High Court of Cassation and Justice - Criminal Section, following the request made by Mrs. lawyer, Associate Professor Andra-Roxana Trandafir, PhD it was ordered to reinstate the case, in order to discuss the relevant aspects regarding the prescription of criminal liability. The application took into account the effects of the Decision of the Constitutional Court no. 358 of the

On June 3, 2022, the Faculty of Law of the "Alexandru Ioan Cuza" University of Iași, the Faculty of Law of the University of Bucharest and the Hamangiu Publishing House organized, in Iasi, the first edition of the National Garnishment Conference. During the conference, Mrs. lawyer, Associate Professor Andra-Roxana Trandafir, PhD presented the theme "Garnishment regarding the amounts of money obtained from the expropriation of an asset

On June 1, at 18.00, took place, within Bookfest, the volume "Downright speaking", coordinated by Mrs. lawyer, Associate Professor Andra-Roxana Trandafir, PhD and Mr. lawyer, Associate Professor Lucian Bojin, PhD published at the Publishing House of the West University of Timisoara. The volume brings together a series of contributions of legal professionals and law students, aimed at discourse

In AUBD – Legal Forum nr. 1/2022 was published the article entitled "The quality of active subject of the crime of embezzlement in the case of the de facto administrator of an association of owners or tenants and of the person who carries out services for the association of owners or tenants, on the basis of a service contract. Opinion on the legal issue that led

From 22 to 24 May 2022, Mrs. Andra-Roxana Trandafir was invited to participate in the international conference "A culture of integrity - enhancing prevention of corruption", which took place in Šibenik, Croatia. The conference was organised by the Global Initiative for Transnational Organized Crime, with the support of the UK Government. The event brought together approx. 100 participants from

On May 12-13, 2022, a seminar within the POCA – Justice 2020 – Professionalism and Integrity project, organized by the National Institute of Magistracy, took place at the Prosecutor's Office attached to the Alba-Iulia Court of Appeal. Mrs. Andra-Roxana Trandafir, lawyer, expert within the project, gave several presentations on the precautionary measures in the criminal trial, the criminal liability of the person

By the application addressed to the High Court of Cassation and Justice, on 16 February 2022, the holder of the complaint – the panel of judges hearing the appeal in the case pending before the Craiova Court of Appeal – Criminal Section and for cases with minors – requested the supreme court to pronounce a decision on the interpretation and application of the provisions of art. 295 para.

Between 19 and 22 April 2022, Andra-Roxana Trandafir was invited by the Faculty of Law and Political Science of the University of Bordeaux to lecture in front of the Master's degree in criminal law. The courses focused on the presentation of the Romanian legal system, the aspects related to punishments, the criminal liability of the legal entity and the precautionary measures established in the criminal trial.

On April 11-12, 2022, a seminar was held at the Oradea Court of Appeal within the POCA - Justice 2020 - Professionalism and Integrity project, organized by the National Institute of Magistracy. Mrs. Andra-Roxana Trandafir, lawyer, expert in the project, gave several presentations on the precautionary measures in the criminal trial, the criminal liability of the legal entity and the abolition and

In February 2022, the 6th edition of "Criminal Law. Special Part II. Thematic course" appeared at CH Beck publishing house, written by Prof. Cristina Rotaru, PhD, Prof. Valerian Cioclei, PhD and Associate Professor Andra-Roxana Trandafir, PhD. The work, as the title indicates, proposes a thematic approach, analyses only those offenses from the Criminal Code that make

On February 24, 2022, Mrs. Andra-Roxana Trandafir, lawyer, was part of the scientific committee of the conference "Cybercrime and virtual currencies. Special methods of surveillance or research", organized by the Society of Legal Sciences. Mrs. lawyer moderated the first panel, entitled "Traditional cybercrime and virtual currencies" and gave a presentation within the third panel. Presentation

By judgment no. 47/01.02.2022, the Supreme Court admitted the appeal filed by Daniel NIȚU - Law Office against the interim conclusion of 17.01.2022 of the Cluj Court of Appeal. The representation of the clients' interests before the High Court of Cassation and Justice was ensured by Mrs. lawyer, Associate Professor Andra-Roxana TRANDAFIR, PhD representing one of the collaborations between the two law offices. By conclusion

At the end of 2021, lawyer Andra-Roxana Trandafir published at Hamangiu Publishing House, together with Dr. George-Alexandru Lazăr, Dr. Roxana Stanciu, lecturer Dr. Nicolae-Horia Țiț, the work entitled "Poprirea. A triple perspective - civil, fiscal and criminal". The interest in analysing garnishment from a triple perspective - civil, fiscal and criminal - stems from the authors' constant concerns in the field of enforcement and

On September 14, 2021, Andra-Roxana Trandafir will give a presentation at the 13th Biennial International Conference Criminal Justice and Security in Central and Eastern Europe: Perspectives of Rural Safety, Security and Rural Criminology, about the Balkan Homicide study conducted in Romania. The study envisaged the investigation of murder crimes committed in Romania in the period 2011-2016, being funded by the Institute

Between September 8 and 10, 2021, the 21st edition of the European Society of Criminology will take place, organized online. Andra-Roxana Trandafir will give two presentations in co-authorship, one about the Balkan Homicide study carried out in Romania, and the other about prison sentences and their effects on recidivism. Andra will also be the moderator of the panel entitled Penology.