Andra Trandafir - law firm
Office address

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

Contact

Phone: (+40) 745 155 094

Email: office@andratrandafir.ro

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

Contact: (+40) 745 155 094

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 organized the national conference "Civil Procedure at the Beginning of the Third Millennium". At the invitation of the organizers, lawyers Andra Trandafir and Irina Kuglay gave a presentation entitled "Civil action in criminal proceedings: the significance of correctly identifying the passive subject of the offence".

On November 12, 2022, Mrs. 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 theme presented was "Abandonment of the family - problems in judicial practice" and involved the analysis of the main problematic aspects in the judicial practice related to this crime, such as the plurality of passive subjects, the character of the continuous offense and the moment from which the deadline for making the prior complaint flows.

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 Articles 6 and 13 of the European Convention on Human Rights, as well as Article 1 of Protocol No 1. 1 to the Convention. In essence, the exception took into account the fact that the legal provisions criticised do not allow other criminal sanctions to be challenged – in this case, extended confiscation – by means of an appeal in cassation and thus do not allow the rectification of errors of law which led to the ordering of that security measure, while limiting the access of other interested persons (the owners of the seized assets extended) to that remedy, although, to be able to

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 aspects regarding the possibility of instituting precautionary measures for the compensation of non-material damage, as well as the relationship between art. 249 C.pr.pen. and Law nr. 241/2005 for preventing and combating tax evasion.

In the Scientific Annals of the "Alexandru Ioan Cuza" University of Iași - Seria Ştiinţa Juridice nr. II/2022 was published the article entitled "Appeal in the case of preventive measures applicable to the legal person", written by lawyer and 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) C.pr.pen. governing the objection to the decision ordering the preventive measures applicable to the legal person. There will be addressed the issues related to the holders of the appeal, the reasons that can be invoked in support of this remedy, the competent court, the solutions that can be pronounced, as well as the possibility to challenge the conclusion by which the court of appeal orders or maintains preventive measures, taking into account the practice of the national courts in the field, as well as the relevant doctrine. Also, a parallel will be drawn with the revocation of preventive measures, in order to highlight the main differences between the two regulations.

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.