Professional Documents
Culture Documents
Curs Drept An I Sem I
Curs Drept An I Sem I
2020
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GENERAL PRINCIPLES
CLASSIFICATION OF CRIMES
(a) Source of criminal law. Crimes are classified in terms of their origin
as common-law and statutory crimes. Some offences that are defined by statute
are merely declaratory of the common law. Each state has its own criminal law,
although a general pattern among the states may be observed.
(c) Nature of crimes. Crimes are also classified in terms of the nature of
the misconduct. Crimes mala in se include acts that are inherently vicious or, in
other words, that are naturally evil as measured by the standards of a civilized
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community. Crimes mala prohibita include those acts that are wrong merely
because they are declared wrong by some statute.
EXERCISE 1. Derive verbs from the following nouns: standard;
confinement; treason; robbery; offence; origin; law.
………………………………………………………………………………………
EXERCISE 2. Derive adjectives from the following adverbs: naturally;
inherently; merely.
……………………………………………………………………………………….
EXERCISE 3. Find the English equivalents for the following Romanian
words and phrases in the texts above:
a declara război; infracțiune majoră; delict; conducere neglijentă;
nociv; încălcare a legii; tulburarea liniștii publice; a cântări; a consta din;
gravitatea faptei.
………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
EXERCISE 4. Complete the following sentences using the information
provided in the previous text:
1. According to their origin, crimes are…………………………………..
2. Even if each state has its own criminal law,
……………………………………………………………….……………..
3. If anyone conspires to aid the enemies of the U.S., he is guilty
of………………………………………………………….………………..
4. Arson, homicide and robbery are classified as
………………………………………………………………………………
5. Generally, reckless driving is a ..……………………………………….
6. Crimes which are inherently vicious are called
………………………………………………………………………………
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7. Those criminal acts which are only declared wrong by some statute
are ……………………………………………….…………………………
(a) Principals. Principals may be divided into two classes: (1) principals
in the first degree, who actually engage in the perpetration of the crime and (2)
principals in the second degree who are actually or constructively present and
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aid and abet in the commission of the act. For example, a person is a principal in
the second degree if he assists by words of encouragement, stands ready to assist
or to give information, or keeps watch to prevent surprise or capture.
The distinction as to degree is frequently by statute so that all persons
participating in a crime are principals.
(b) Accessories. Accessories to a crime are also divided into two classes,
accessories before the fact and accessories after the fact. An accessory before
the fact differs from a principal in the second degree only by reason of this
absence from the scene of the fact. An accessory after the fact is a person who
knowingly assists one who has committed a felony. Thus, a person is an
accessory after the fact if, after the commission of the crime and with intent to
assist a felon, he gives warning to prevent arrest or shelters or aids an escape
from imprisonment.
(a) Minors. Some states have legislation fixing the age of criminal
responsibility of minors. At common law, when a child is under the age of
seven, the law presumes him to be incapable of committing a crime; after the
age of fourteen he is presumed to have capacity as though he were an adult; and
between the ages of seven and fourteen, no presumption of law arises and it
must be shown that the minor has such capacity. The existence of capacity
cannot be presumed from the mere commission of the act.
(b) Insane persons. An insane person is not criminally responsible for his
acts. There is a conflict of opinion over what constitutes such insanity as to
excuse a person legally from the normal consequence of his acts. All courts,
however, agree that intellectual weakness alone is not such insanity.
A test commonly applied is the right-and-wrong test. The responsibility
of the defendant is determined in terms of his ability to understand the nature of
his act and to distinguish right from wrong in relation to it.
Some courts also use the irresistible-impulse test, the theory of which is
that although the defendant may know right from wrong, if he acts under
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uncontrollable impulse because of an unsound state of mind caused by disease
of any nature, he has not committed a voluntary act and he is not criminally
responsible. If the mental instability is not caused by disease, the irresistible-
impulse test is not applied.
In many jurisdictions the right-and-wrong test and the irresistible-impulse
test have been replaced by the rule stated in the Model Penal Code of the
American Law Institute that “A person is not responsible for criminal conduct if
at the time of such conduct as a result of mental disease of defect he lacks
substantial capacity to appreciate the wrongfulness of his conduct or to conform
his conduct to the requirements of the law”.
EXERCISE 11. Complete the following texts with words derived from the
words in capitals:
ROBBERY. At common law robbery was the (LAW)………………. taking of
personal property of any value from the (POSSESS)…………………. or from
the (PRESENT)…………………. of another by means of force or by putting the
possessor in fear. It differed from larceny (PRIMARY)………………… in the
necessity of the use of force or fear, so that a pickpocket whose act of stealing
was (KNOW)…………………….. to his victim committed larceny but not
robbery.
In most states there are special (PENALISE)…………………. for various
forms of aggravated robbery, such as robbery by use a (DEATH)
…………………… weapon.
BURGLARY. At common law burglary was the breaking and entering in the
nighttime of the dwelling house of another, with the (INTEND)…………… to
commit a felony. While one often thinks of a burglary as stealing property, any
felony would satisfy the (DEFINE)…………………….. The offence was aimed
primarily at protecting the (INHABIT)……………………. and thus illustrates
the social objective of (PROTECT)………………… the person, in this case the
person living or dwelling in the building.
Modern statutes have eliminated many of the (REQUIRE)………………
of the common-law definition so that it is (MATERIAL)…………………..
when or where is an (ENTER)…………………. to commit a felony, and the
elements of breaking and entering are frequently omitted. Under some statutes
the offence is aggravated and the penalty is increased in terms of the place
where the offence is committed, such as a bank building, freight car, or
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warehouse. Related (STATUTE)………………. offences have also been
created, such as the crime of possessing burglar’s tools.
EXERCISE 12. In each line of the following text identify one unnecessary word.
A number of 6 lines are correct:
ARSON. At the common law arson was the willful and malicious burning
of the dwelling-house of another one. As such, it was designed to protect
human life, although the defendant was guilty if there was a burning even
though no one was in actually hurt. In most states, arson is felony so that
if someone is killed in the resulting fire, the offence is murder by
application of the felony-murder rule, under which a homicide, however is
unintended, occurring in the commission of a felony is automatically
classified as murder.
In virtually each every state a special offence of burning to defraud
insurers has been created by statute, such burning which not constituting
arson when the defendant burns his proper own house to collect on his fire
insurance, since the definition of arson required that the dwelling house be
that of another person. In many states it is now arson to burn any one
building owned by another, even though it is not a dwelling.
DECISION: Scaggs was guilty. The offence of “receiving” is, in effect, a continuing offence
including retaining possession of stolen goods. When Scaggs retained
possession of the goods after knowing that he would thereby deprive the true
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owner of his property, he committed the offence of “receiving”. [California v
Scaggs, 153 CalApp2d 339, 314 P2d 793]
EXERCISE 13. Answer the following questions based on the previous text:
1. What does the crime in question consist of?
…………………………………………………………………………………….
2. What should the intention of the perpetrator be?
……………………………………………………………………………………..
3. Did Scaggs know that the property was stolen?
………………………………………………………………………………………
4. What was he prosecuted for?
………………………………………………………………………………………
5. Was Scaggs not guilty?
………………………………………………………………………………………
6. What was the main reason for Scaggs’ prosecution?
……………………………………………………………………………………….
EXERCISE 15. Complete the following text with the right form of the verb:
EMBEZZLEMENT. Embezzlement (be)…………… the fraudulent conversion
of property of money owned by another by a person to whom it has been
(entrust)…………….., as in the case of an employee. It is a statutory crime
designed to cover the case of unlawful takings that (be)………….. not larceny
because the wrongdoer (not take)…………………… the property from the
possession of another, and which were not robbery because there was neither a
taking nor the use of force or fear.
It is immaterial whether the defendant (receive)…………………. the
money or property from the victim or from a third person. Thus, an agent
(commit)……………………. embezzlement when he (receive)………………
and (keep)……………………… payments from third persons which he (remit)
……………………….. to his principal, even though the agent is entitled to
retain part of such payments as his commissions.
Today every jurisdiction (have)……………… not only a general
embezzlement statute but also various statutes applicable to particular situations,
such as embezzlement by trustees, employees and government officials.
Generally the fact that the defendant (intend)…………………. to return
the property or money which he (embezzle)………………….., or (do)………..
in fact do so, is no defence. However, as a practical matter an embezzler
returning what he (take)…………………… will ordinarily not be prosecuted
because the owner (not desire)…………………….. to testify against him.
EXERCISE 16. Translate into English the words and phrases that appear
in Romanian in the following texts:
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OBTAINING GOODS BY FALSE PRETENCES. In almost all the states,
statutes are directed against obtaining (bani sau bunuri)…………………………
by means of false pretences. These statutes vary in detail and scope. Sometimes
the statutes are directed against particular forms of (înșelătorie)………………….,
such as using bad (cecuri)…………………….
EXERCISE 19. Select the most appropriate word to complete the blanks in the
following text :
USE OF MAILS TO DEFRAUD. Congress has (1)…………. it a crime to use
the mails to further any scheme or artifice to defraud. To constitute the offence,
(2)…………… must be (a) a contemplated or organized scheme or artifice to
defraud or to obtain money or property by false pretences, and (b) the mailing or
the causing of (3)……………… to mail a letter, writing or pamphlet for the
purpose of executing or attempting to execute (4)…………… scheme or
artifice. Illustrations of schemes or artifices that (5)…………….. within the
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statute are false statements to secure credit, circulars announcing false cures for
sale, false statements to (6)…………………… stock in a corporation, and false
statements as to the origin of a fire and the value of the destroyed goods for the
purpose of securing (7)……………….. from an insurance company. Federal (8)
………………. also makes it a crime to use a telegram to defraud.
1. A. done B. made C. subjected D. established
2. A. there B. it C. he D. she
3. A. other B. another C. them D. peoples
4. A. such B. so C. same D. all
5. A. come……B. arrive C. stay D. include
6. A. sold B. acquire C. buy D. sell
7. A. pension B. policy C. indemnity D. money
8. A. legal B. law C. government D. objective
EXERCISE 20. Give short answers for the following questions based on
the text above:
1. Are there 3 elements to a lottery?
……………………………………………...................................................
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2. Does it matter if the lottery is called by another name?
……………………………………………………………..............................
3. Is it possible for the lottery to appear as a legitimate transaction?
………………………………………………………………………….............
4. Are government lotteries legal in many states?
……………………………………………………..........................................
5. Does sending a chain letter through the mail usually constitute a
federal offence?
………………………………………….........................................................
6. Do such letters usually solicit payments for fraudulent purposes?
…………………………………………….....................................................
EXERCISE 21. Complete the following text with words derived from the
ones in capitals:
FORGERY. Forgery consists of the (FRAUD)…………………. making or
material altering of an instrument, such as a check, which (APPEAR)
…………… creates or changes a legal (LIABLE)………………. of another.
The instrument must have some apparent legal efficacy to contribute forgery.
(ORDINARY)…………………. forgery consists of signing another’s
name with intent to defraud. It may also consist of making an entire instrument
or altering an existing one. It may result from signing a (FICTION)…………….
name or the (OFFENCE)……………… own name with the intent to defraud.
When the (OWN)…………………… of a credit card signs the owner’s
name on credit card invoice, such an act is a forgery. In most states a special
statute makes it a crime to fraudulently use a credit card. In such a case, the
(PROSECUTE)……………………. attorney may choose either to prosecute the
defendant for (VIOLATE)……………………. of the forgery statute or the
special credit card statute.
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FACTS: Morse was convicted of forging the name “Hillyard Motors” as the drawer of a
check. He appealed on the ground that signing such a name had no legal effect
and that therefore he not guilty of forgery.
DECISIONS: Commercial paper may be signed with a trade name. The check signed by
Morse appeared to have been signed in this manner. It therefore apparently had
legal efficacy. Whether it did or not was immaterial as long as the signing had
been made with intent to defraud. [Washington v Morse, 38 Wash2d 927, 234
P2d 478]
Rising crime?
PERCEIVE
among the general public that crime
in this country is on the increase. 14 newspaper
DRAMA
headlines imply that somebody is
being murdered around every corner, but the 15
EVIDENT
simply doesn’t add up. The
truth is that crimes such as 16 have declined
BURGLE
considerably in the last year,
DECIDE
police.
In a 20 move last year, they initiated a policy of
CONTROVERSY
getting tough on persistent young
offenders, and they have had a 21 amount of
SIGNIFY
success in this area. Moreover, the
22 of more policemen on the streets has almost
Bibliography:
ANDERSON, RONALD A., KUMPF, WALTER A., Business Law, (Tenth Edition), UCC •
Comprehensive Volume, SOUTH-WESTERN PUBLISHING CO. , Cincinnati West Chicago, Ill. Dallas
Pelham Manor, N.Y. Palo Alto, Calif. Brighton, England.
28
GRAMMAR HIGHLIGHTS
Tense formation in English
S+ V((e)s)
Affirmative- Negative
Interrogative
Do I work? Do we work?
Do you work? Do you work?
Does he/she/it work? Do they work?
Present Tense Simple is used to express a repeated or regular action in the
present.
S+ am/is/are +Ving
Affirmative
I am working
He/she/it is working
We are working.
Negative
I am not working. 29
You are not (aren’t) working.
He/she/it is not (isn’t) working.
We are not (aren’t) working.
You are not (aren’t) working.
They are not (aren’t) working.
Interrogative
Present Tense Continuous is used to express an action taking place at the
moment of speaking.
E:g. I usually go to school by bus, but this week my father is taking me in
his car.
S+Ved (for regular verbs)or in the second form (for irregular verbs)
Affirmative
I/ you/ he/ she/ it/ we/ they worked/ spoke
Negative
I/you/he/she/it/we/they did not (didn’t) work/ speak
Interrogative
Did I/you/he/she/it/we/they work/ speak?
Past Tense Simple expresses a definite past action or state, with no connection
to the present. It is usually translated by the Romanian ”perfect compus”.
E.g. Yesterday I went for a walk.
(Ieri am mers la plimbare.)
Last year I travelled to England.
(Anul trecut am calatorit in Anglia.)
Past Tense Continuous
S+was/were Ving
Affirmative
I was working
You were working 30
He/she/it was working
We were working
They were working
Negative
I was not (wasn’t) working
We were not (weren’t) working
You were not working
He/she/it was not working
They were not working
Interrogative
Was I working? Were we working?
Were you working? Were you working?
Was he/she/it working? Were they working?
It expresses an action in full progress in the past.It is usually translated by
the Romanian ”imperfect”.
E.g. This time yesterday, I was watching TV.
(Ieri pe vremea asta priveam la televizor.)
It is possible verbs in the past simple and past continuous to encounter in the
same sentence:
E.g. While I was crossing the street, I met John.
It is also possible to find two verbs in the past continuous in the same
sentence:
E.g. While John was reading, his sister was watching TV.
(In timp ce John citea, sora lui privea la televizor.)
S+have/ has +Ved (regular verbs) or in the third form (irregular verbs)
Affirmative
I have worked
You have worked
He/she/it has worked
We have worked
They have worked
Negative
I have not (haven’t) worked.
He/she/it has not (hasn’t) worked.
Interrogative
Have I worked?
Has he/she/it worked?
Present Perfect is a tense expressing the relation between past and
present.
It is usually accompanied by adverbs such as: today, this week, this month, this
year.
Affirmative
I had worked.
Negative
I had not (hadn’t) worked.
Interrogative
Had I worked?
It expresses an a past action, prior to another past action (expressed by the
Simple Past):
S+shall/will+V
Affirmative
I (shall) will go
We (shall) will go
You will go
He/she/it will go
They will go
Negative
I (shall) will not go
We (shall) will not go
You will not go
He/she/it will not go
They will not go
The contracted forms : „shall not" - shan’t, and „will not" - won’t.
Interrogative
Shall I go?
Shall we go?
Will you go?
Will he/she/it/ go?
Will they go?
N.B. The first person interrogative only uses „shall".
It shows a future action and it is translated with the Romanian ”viitor simplu:
E.g. I (shall) will meet him next week.
(Îl voi întâlni săptămâna viitoare.)
Future Continuous
S+shall/will+be+Ving
Affirmative
I (shall) will be going.
You will be going.
He/she/it will be going.
We (shall) will be going.
You will be going.
They will be going.
Negative
I (shall) will not be going.
You will not be going.
He/she/it will not be going.
We (shall) will not be going. 34
You will not be going.
They will not be going.
Interogativ
Shall I be going?
Shall we be going?
Will you be going?
Will he/she/it be going?
Will they be going?
It expresses an action in full progress at a future moment :
E.g. At three o’clock, I will be travelling to England.
(Mâine la ora trei voi călători spre Anglia.)
(Probabil va ploua).
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to do did done
to go went gone
Contents
LARCENY ……………………………………………………………………………………………10
ROBBERY ……………………………………………………………………………………………11
BULGLARY ………………………………………………………………………………………….11
ARSON ……………………………………………………………………………………………….12
44
RECEIVING STOLEN GOODS ……………………………………………………………………12
EMBEZZLEMENT ………………………………………………………………………………….14
OBSTAINING GOODS BY FALSE PRETENCES ……………………………………………….14
FALSE WEIGHT, MEASURES AND LABELS …………………………………………………..15
SWINDLES AND CONFIDENCE GAMES ……………………………………………………….15
COUNTERFEIT MONEY …………………………………………………………………………..15
USE OF MAILS TO DEFRAUD ……………………………………………………………………17
LOTTERIES …………………………………………………………………………………………18
FORGERY …………………………………………………………………………………………...19
CRIMINAL LIBEL ………………………………………………………………………………….20
RIOTS AND CIVIL DISORDERS …………………………………………………………………21