Facultatea de Drept / Faculty of Law
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Item VIOLENȚA ÎN MEDIUL ȘCOLAR: INCURSIUNE ÎN CADRUL SANCȚIONATOR AL ALTOR STATE(CEP USM, 2024) Gurev, Dorina; Botnarenco, MihaelaViolence in schools has become a significant concern worldwide. Therefore, it is not surprising that in recent decades, several states have developed legislative acts aimed at policies to combat this phenomenon and the nature of the social response to school violence. From these considerations, in the present study, we propose to examine specific provisions regarding the prevention of violence in schools, as well as to identify, from the legislation of Sweden, Italy, and the United Kingdom, best practices in combating violence in the educational environmentItem UNELE PRECIZĂRI PRIVIND PROPORȚIONALITATEA APĂRĂRII CU GRAVITATEA ATACULUI ÎN CAZ DE LEGITIMĂ APĂRARE(CEP USM, 2022) Botnarenco, MihaelaThe object of the present scientific research refers to the problem of the proportionality of the defense with the seriousness of the attack in the case of self-defense. It is shown that limiting the right to defense based on the criterion of proportionality excludes, in certain cases, the possibility of invoking self-defense. Likewise, it is shown that in the context of evaluating the proportionality of the defense with the seriousness of the attack, the interpreter will not have to limit himself to balancing the social values confronted, making them detached from any other type of element, but will be obliged to take into account both the defensive and offensives means used, the circumstances and conditions of the production of the attack and defense, the physical and mental characteristics of the attacker and the defender, as well as other elements that can help to clarify that question