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Address: 60 Vasile Lucaciu Street, Sector 3, 030167, Bucharest

Author: Andra-Roxana Trandafir

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 no. 405/2016, finds its application also in the hypothesis of decriminalization of the deed that was the basis for the formulation of the criminal complaint by the employer, during the criminal proceedings (in the criminal investigation phase or in the trial phase), taking into account the exonerating character of the employer's contractual civil liability of the act of decriminalization of the authority, according to art. 1352 of the Civil Code? The situation envisaged is the one in which, after the criminal proceedings are settled by closing the case or, as the case may be, by acquittal, on the grounds that it is not provided for by the criminal law, the employee requests the order

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 pronounce a decision on the interpretation and application of the provisions of Art. 249 para. (5) C.pr.pen. by reference to the provisions of article 10 of Law no. 245/2005 for preventing and combating tax evasion, as amended. On July 1, 2022, on behalf of the Department of Public Law and the Department of Criminal Law within the Faculty of Law of the University of Bucharest, lawyers Prof. Simona Gherghina, PhD, Prof. Marilena Ene, PhD, and Associate Professor Andra-Roxana Trandafir, PhD sent a legal opinion by which they showed, in essence,

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 to launch the volume Liber Amicorum Viorel Pasca 70 – Reforming the reform of criminal legislation. Recently published by Universul Juridic Publishing House, the volume brings together a series of almost 50 studies signed by contributors from 6 universities in Romania and from 12 universities and research institutes from other 8 countries (China, Croatia, Germany, Italy, Republic of Moldova, Serbia, Slovenia and Hungary). The fact that so many important names in the field have accepted to write on this occasion is yet another confirmation of the appreciation enjoyed by Professor Viorel

On June 17, 2022, Mrs. Associate Professor Andra-Roxana Trandafir, PhD, together with Mr. Assistant Professor George-Alexandru Lazăr, PhD 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 Criminal Sciences (CCSP) and the Faculty of Law – West University of Timisoara and was broadcast live on juridice.ro.

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. lawyer and Associate Professor Andra-Roxana Trandafir, PhD and lawyer George Zlati, PhD. This article examines the relevant technical and legal issues in the context of the process of freezing virtual currencies in criminal proceedings. In this context, after conceptually clarifying several concepts, the mechanism by means of which information on virtual currency transactions or their holder can be obtained during the criminal proceedings is first set out. Also, the issue of the effective unavailability of virtual currencies by accessing the digital wallet and performing a virtual currency transaction at a public address under the control of the criminal investigation body or ANABI, as well as the way of capitalizing virtual currencies, is addressed.

In a case pending on 9 June 2022 before the High Court of Cassation and Justice - Criminal Section, following the request made by Mrs. Andra-Roxana Trandafir, 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 26 May 2022, published in the Official Gazette no. 565 of 9 June 2022.

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 Popriri Conference. During the conference, Mrs. av. assoc. prof. dr. Andra-Roxana presented the theme "Garnishment regarding the amounts of money obtained as a result of the expropriation of a real estate subject to precautionary measures in criminal proceedings". Also, on this occasion took place the launch of the volume "Garnishment. A triple perspective: civil, fiscal and criminal" - authors George Alexandru Lazăr, Roxana Stanciu, Andra-Roxana Trandafir and Nicolae-Horia Ţiț.

On June 1, at 18.00, took place, within Bookfest, the volume "De-a dreptul vorbi", coordinated by Mrs. Av. Assoc. Prof. Dr. Andra-Roxana Trandafir and av. assoc. prof. Dr. Lucian Bojin, published at the Publishing House of the West University of Timisoara. The volume brings together a series of contributions by legal professionals and law students, aimed at discourse in academia or in court.

In AUBD – Legal Forum no. 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 to the HP Decision no. 31/2022 in criminal matters", drafted by  lawyer, Associate Professor  Andra-Roxana Trandafir, PhD. Starting from two questions addressed to the High Court of Cassation and Justice by the Craiova Court of Appeal in the procedure provided by art. 475 et seq. from the Criminal procedure code, the article analyzes the way of interpretation and application of the provisions of art. 295 para. (1) in relation to art. 308 from the Criminal code, in order to establish whether the de facto administrator of an association of owners or tenants may be an active subject of the offence of embezzlement, respectively whether a person who carries out services for

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 several states and benefited from the presence of justice ministers from Croatia, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia and Serbia, discussing issues related to the role of the state and of the civil society in promoting a culture of integrity, preventing corruption, regional cooperation, "organised corruption", etc..