• Agora International Journal of Juridical Sciences

Publisher:
Agora University Editing House
Publication date:
2011-07-20
ISBN:
2067-7677

Latest documents

  • Consideration on the development of judicial expertise prior to 1st of december 1918

    We will approach the history of expertise, in the context of the event of 1st December 1918, by setting forth a few considerations, with particular reference to data which appear to have this specific significance.

  • Certain considerations on the 'destiny' of the preliminary chamber institution in the current legal framework

    The preliminary chamber is a stage preceding the ruling on the merits of the case. By regulating this institution, the purpose of the Romanian legislator was to eliminate the possibility to raise certain causes of unlawfulness of the criminal prosecution acts carried out during the trial phase. The aim of this scientific research is to highlight certain aspects concerning the purpose of the preliminary chamber procedure, while also militating for its maintenance in the Romanian Criminal Procedure Code.

  • Short considerations regarding the magistrates'liability in the context of the new legal provisions on the reform in justice

    The present study analyzes the magistrates' responsibility, in the light of the old and the new legal regulations, the exercise of the right to recourse action of the state against magistrates in case of judicial errors, and the conditions that must be be met in order to promote this action. The author identifies possible vulnerabilities of the new regulations on the magistrates’ civil liability, vulnerabilities that may affect the magistrates’independence in the exercise of their job duties. The study is focused on the new amendments of the Law no. 303/2004 on the status of magistrates, brought by Law no. 242/2018, as regards the civil liability of magistrates, includes issues related to the guarantees regarding the enforcement of the principles of independence and impartiality of magistrates, guarantees aimed at maintaining a balance between the magistrates' responsibility and their independence.

  • The issue of testimony of bad faith in the criminal trial

    The quality of the witness takes precedence over the status of expert or lawyer, mediator or representative of one of the parties or of a main procedural subject, regarding the facts and factual circumstances that the person knew before acquiring this quality. Persons who are in a situation that reasonably doubts their ability to witness are only heard when the judiciary finds that the person is capable of consciously telling facts and factual circumstances in line with reality. In order to decide on a person's ability to be a witness, the judicial body shall, upon request or ex officio, have any necessary examination, by the means provided by law. The witness is heard on facts or factual circumstances that are the subject of the probation in the case in which he was quoted. Witness hearing can be extended to all circumstances necessary to verify its credibility.

  • Legal perspective of child adoption under the nigerian law

    Adoption is the process which creates a parent-child relationship between the adopted child and the adoptive parents with all the rights ,privileges and responsibilities that attach to that relationship. Adoption severs a relationship between the child and the natural parents or guardians.The institution of adoption is important in society because it touches on status and therefore affects the rights and obligations of an adopted person. Adoption is recognized as one of the forms of alternative care for children who have been temporarily or permanently deprived of their family environment and also for children who are unable to remain in their family environment. This paper seeks to examine the adoption of a child under the Nigerian lawie. The statutory law, the customary Law ,procedure for adoption under Nigerian Lawand the legal effect of adoption of a child under the Nigerian Law.

  • Penal mediation from a perspective of social control. French and spanish experiences

    This research is focused on the penal mediation that is resorted in social, educational, family, cultural, criminal and other conflicts, in order to obtain recognition not only in terms of otherness, but above all of collective belonging. The article presents cases of mediation in France and in Spain. The main idea is that mediation can be used in all the systems in which the conflictual dynamics are manifested.

  • Criminality and psychopathology. The profile of stalkers

    The present research is aimed to analyze the evolution of the profile of stalkers in the Italian culture. The stalking is a complex behavioral constellation with different motivations, not always with psychopathological relevance. It is a desperate attempt to seek an interpersonal relationship: to devalue and above all to subject the victim to constant control, allows the stalker to keep alive, albeit in a persecutory key, the desire for an indissoluble bond.

  • Practical notions regarding the contractual provision on the waranty against the eviction of selling contracts

    The contractual provision on the warranty against eviction is a matter in which the parties involved in the making of a selling contract often have tight negotiations. Many times the seller is looking for the exemption of provision of warranty, but is such a clause legally available? In the following we will present you the procedure in which the parties can limit or extend the provision aginst eviction.

  • The science of judicial psychology

    Judicial psychology is the science that analyzes and tries to understand the criminal phenomenon in general and its determinant factor in particular, by the complexity of factors that generate it and by the diversity of its forms of manifestation. Although the determining factor of criminal behavior is always subjective being generated by the psychic of the offender, this aspect must be correlated with the context in which it manifests itself: social, economic, cultural context etc. Judicial psychology investigates the behavior of the individual in all its aspects, seeking a scientific explanation of the mechanisms and factors enhancing criminal favors, thus enabling the identification of the preventive measures to be taken to reduce the categories of offenses. It studies the psycho-behavioral profile of the offender, identifying the causes that determined its behavior in order to take preventive measures. The domain of judicial psychology is mainly deviance, conduct that departs from the moral or legal norms that are dominant in a given culture. The object of judicial psychology is the criminal act, correlated with the psychosocial characteristics of the participants in the judicial action (offender, victim, witness, investigator, magistrate, lawyer, civil party, educator, etc.). The science of judicial psychology also analyzes how these characteristics appear and manifest themselves in concrete and special conditions of their interaction in three phases of the criminal act: the pre-criminal phase, the actual criminal phase and the post-criminal phase.

  • The importance of analyzing the structure of the legal norm in order to interpret and to apply correctly the law

    In everyday life, people enter a multitude of social relationships with their peers. A social relationship turns into a legal relationship only if there is a legal norm that governs it. The law can not be conceived in the absence of the legal norm, so we can say that the legal norm is an essential element of the law.

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