Facultatea de Drept / Faculty of Law

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    Particularităţile audierii persoanei în privinţa căreia se solicită instituirea măsurilor de ocrotice judiciare
    (CEP USM, 2024) Brînză, Dionis
    The procedure for hearing the person in respect of whom the judicial protection measure was requested comes to transpose provisions of the UN Convention on the rights of the person with disabilities. The hearing of the person in respect of whom judicial protection measures were requested is mandatory. In this paper we will examine the particularities of hearing the nominated person. Thus, it is worth mentioning that the legislator has established for the procedure of hearing the person in respect of whom the judicial protection measure was requested, specific features that are not found in other civil cases. Among the main particularities are the possibility of the person in respect of whom the judicial protection measure was requested, of being accompanied by another person, of hearing that person at the place of his / her stay, etc.
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    CRIMINAL PROCEEDINGS INVOLVING CHILDREN IN CONFLICT WITH THE LAW
    (Institutul Naţional al Justiţiei, 2017) Bolocan-Holban, Augustina
    At each stage of criminal procedure involving children (juveniles) in conflict with the law, it is important to be ensured the fundamental rights provided by international standards, as well by national criminal legislation. Starting with the first contact of the child with criminal justice system until the pronunciation of the decision by the Court, including the enforcement of the punishment, the juvenile must be supervised by qualified profes- sionals from criminal justice system, who could intervene in each moment with a purpose of providing pertinent information to criminal investigative body and to the Court, in order to establish a proportionate and equitable punishment.