Article on precautionary measures and obtaining data on transactions in virtual currencies
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.
High Court of Cassation and Justice. Effects of the Decision of the Constitutional Court no. 358/2022. Reinstatement of the remaining case
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.
Participation in the National Garnishment Conference and the launch of the volume "Garnishment. A triple perspective: civil, fiscal and criminal"
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.
Release of the volume "Downright speaking"
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.
Being an active subject of the offence 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, under a service contract. Opinion on the question of law that led to the delivery of HP Decision No. 31/2022 in criminal matters
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
Participation in the international conference "A culture of integrity – enhancing prevention of corruption", Šibenik, Croatia – 22-24 May 2022
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..
Participation in the seminar dedicated to prosecutors from the prosecutor's office attached to the Alba-Iulia Court of Appeal – May 12-13, 2022
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, an expert in the project, gave several presentations on the precautionary measures in the criminal trial, the criminal liability of the legal entity, the abolition and annulment of legal acts within the criminal trial and the obtaining of data on financial transactions and the financial situation of a person. At this seminar, Mrs. Trandafir participated together with the lawyer, Associate Professor Daniel Nițu, PhD, from the Cluj Bar.
Legal opinion addressed to the High Court of Cassation and Justice on the active subject of the offence of embezzlement
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. (1) rap. in Art. 308 C.pen., 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 the association of owners or tenants, on the basis of a service contract, can be considered a person exercising, permanently or temporarily, an assignment of any kind within the association within the meaning of Article 308 C.pen. On April 27, 2022, on behalf of the Criminal Law Department of the Faculty of Law of the University
Andra-Roxana Trandafir, visiting professor at the University of Bordeaux
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.
Participation in the seminar dedicated to the judges from the oradea Court of Appeal – April 11-12, 2022
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, held several presentations on precautionary measures in criminal proceedings, criminal liability of the legal entity and the abolition and annulment of legal acts within the criminal trial.