On the 3rd-5th December, 2015, the team of students from the Faculty of Law of the “Danubius” University consisting of Miradona MOISE, Georgiana ALĂZĂROAIE, Marian SAVA and Victoria SCRIPNIC (IInd academic year – Master Degree – Law and European Public Administration) under the coordination of Mrs. Senior Lecturer Ana Alina IONESCU DUMITRACHE, PhD participated in the 7th edition of the International Session of Scientific Communications for Students Lege Sapere Aude!, the session being organized by the “Constantin Brancusi” University of Targu-Jiu, Romania.
Young researchers wanted to focus on the topical issues that have raised many controversial discussions in the legal doctrine and non-unitary solutions in judicial practice in order to discuss with the other colleagues in the country particularly interesting aspects of the criminal law domain.
First prize was awarded for the paper: The mercy, the feeling of the human being that can kill, the article being written by students Mirandona MOISE and Oana ŞCHIOPU (4th academic year) and highlighted a matter of public interest which, according the young students,
can lead to extraordinary abuses against the most vulnerable people. Euthanasia does not grant, as alleged, only rights to the one who dies but also to the one who kills. The young researchers were not confined to an analysis of the pros and cons of euthanasia or as it is incriminated in the Romanian criminal law, homicide at the request of the victim, but proposed the organization of a referendum in Romania, in which the population should express the approval/disapproval of euthanasia. Also one of the proposals of de lege ferenda which was found in this article consists of “changing the Romanian legislation, decriminalization of euthanasia, if it is committed in a situation of seriously ill patients, as according to the Dutch law, with clear specifications, that would prevent abuses”.
Third prize was awarded to a paper whose presentation impressed the audience at this event. It is the paper with the theme Bodily injuries at fault - theoretical and practical analysis, a scientific approach that highlighted significant changes since the entry into force of the Criminal Code in 2014, the offense of bodily injuries at fault, the students Marian SAVA and Georgiana Alexandra ALĂZĂROAIE focused on issues related to restricting the scope of the material acts which are part of the contents of this crime. “We believe that the person who suffered such injuries, being already in a vulnerable situation, is put into a real difficulty, he is practically obliged, without the “help” of the state, to make all necessary efforts to defend his right to physical integrity. From another point of view, we consider that a traffic accident that resulted in bodily injuries at fault, the perpetrator, knowing that he will not be liable in terms of criminal law, is tempted to ignore the rules relating to road traffic as long as the only sanction possible is a tort civil liability, which is covered by the auto liability policy. Therefore considering the effect that the contract of insurance has, the guilty person may no longer directly abide the rigors of civil or criminal liability.”
The honorable mention – The Collective Case: The scene where the professional fault has played the role of the killer, the theme of the scientific article of Mrs Victoria SCRIPNIC, a master student at the Faculty of Law - Specialization: Law and European Public Administration, was highly appreciated by both the participating students and members of the scientific committee of this conference. The scientific approach sought to raise and highlight some question marks which are around this case, the scientific analysis being focused on the subjective side of the work offenses, a possible professional misconduct of public servants involved in this tragedy. Having no final and irrevocable judgment in this case, the student has not pursued by this study to conclude firmly the matters dealt with, but to highlight to future professionals in the legal domain, certain elements that she believed they should be taken into consideration by the criminal legislator proposing de lege ferenda, the introduction, either in article 298 that regulates the crime of negligence, or at the end of the chapter the criminal offenses of work, a paragraph providing for a harsher punishment in the case where the act of the officials servants has resulted in the death of one or more persons.
The Scientific Committee of this event was composed of: Professor Moise Bojincă, PhD; Professor Pantelimon Manta, PhD; Associate Professor Constantin Enea, PhD; Associate Professor Alin- Gheorghe Gavrilescu, PhD; Associate Professor Titu Ionaşcu, PhD; Associate Professor Ion Cristinel Rujan, PhD; Associate Professor Elena Giorgiana Simionescu, PhD; Associate Professor Laura Magdalena Trocan, PhD; Senior Lecturer Octavia Maria Cilibiu, PhD; Senior Lecturer Rodica Peptan, PhD; Senior Lecturer Ştefan Moţăţăianu, PhD; Assistant Professor Ana Daniela Bobaru, PhDand Assistant Professor Claudiu Manta, PhD.Also the students of the Faculty of Law of “Constantin Brancusi” University presented valuable papers which were awarded at the section Lege Sapere Aude (this section had two prizes for each place) and also in other sections.
These students deserve congratulations not only because they managed to continue the tradition of student performance, initiated four years ago by their colleague Alin Fănel GANGU who has won at this event the First Prize three consecutive years. They worth our appreciation for becoming role models for other young people who have chosen to study at the Faculty of Law, a faculty where it is very important the debate, criticism, analysis and courage of young people to present and argue publicly their findings and proposals de lege ferenda.
Head of Public Relations Office,
Ana Alina IONESCU DUMITRACHE