curs drept i ifr sem i

8/12/2019 Curs Drept I IFR Sem I

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'riminal La. and $uine

GENERAL &RIN'I&LES

'LASSI/I'ATION O/ 'RI#ES

0a1 S)ur!e )" !riminal la.(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.

0*1 Seri)une )" )""en!e( Crimes are classified in terms of their

seriousness as treason, felonies and misdemeanors. Treason is defined by the

Constitution of the United States, which states that reason against the United

States shall consist only in levying !ar against them, or in adhering to their

Enemies, giving them "id and Comfort#.Feloniesinclude the other more serious crimes, such as arson, homicide,

and robbery, which are punishable by confinement in prison or by death.

Crimes not classified as treason or felonies are misdemeanors. $ec%less

driving, weighing and measuring goods with scales and measuring devices that

have not been inspected and disturbing the peace by illegal pic%eting are

generally classified as misdemeanors. "n act may be a felony in one state and amisdemeanor in another.

0!1 Nature )" !rime. 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 civili&ed

community. Crimes mala prohibita include those acts that are wrong merelybecause they are declared wrong by some statute.

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EXERCISE 1. Derive verbs from the following nouns standard!

"onfinement! treason! robber#! offen"e! origin! law.

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EXERCISE %. Derive ad&e"tives from the following adverbs naturall#!

inherentl#! merel#.

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EXERCISE '. Find the English e(uivalents for the following Romanian

words and phrases in the te)ts above

a de"lara r*+boi! infra" iune ma&or*! deli"t! "ondu"ere negli&ent*!

no"iv! ,n"*l"are a legii! tulburarea lini tii publi"e! a "-nt*ri! a "onsta din!

gravitatea faptei.

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EXERCISE . Complete the following senten"es using the information

provided in the previous te)t1. /""ording to their origin0 "rimes are$$$$$$$$$$$$$..

%. Even if ea"h state has its own "riminal law0

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'. If an#one "onspires to aid the enemies of the .S.0 he is guilt#

of$$$$$$$$$$$$$$$$$$$$$$.$$$$$$..

. /rson0 homi"ide and robber# are "lassified as

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2. 3enerall#0 re"4less driving is a ..$$$$$$$$$$$$$$$.

5. Crimes whi"h are inherentl# vi"ious are "alled

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6. Those "riminal a"ts whi"h are onl# de"lared wrong b# some statute

are $$$$$$$$$$$$$$$$$$.$$$$$$$$$$

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EXERCISE 2. Translate into English

1. Deoare"e a "onspirat "u terori tii0 a fost g*sit vinovat de ,nalt*

tr*dare.

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%. / fost pedepsit "u ,n"hisoarea deoare"e s7a f*"ut vinovat de

in"endierea a"elei "oli.

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'.8*sluirea greut* ilor la "-ntar se pedepse te "u o amend*

ustur*toare.

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. / fost trimis ,n fa a instan ei pentru tulburarea lini tii i ordinii

publi"e.

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2. Impruden a la volan se "onsider* deli"t minor0 iar "ondu"*torul auto

este de regul* amendat i penali+at "u trei pun"te.

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5. In"ulpatul a fost pur i simplu a"hitat din "au+a unui vi"iu de

pro"edur*.

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6. Infra" iunea grav* de "are s7a f*"ut vinovat l7a trimis la ,n"hisoare pe

o perioad* de ' ani.

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9. 3revi tii au fost a"u+a i de pi"hetare ilegal* a sediului "ompaniei i

amenda i.

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:. Fie"are stat din S/ are propriile prevederi legale0 de i se pot

observa numeroase elemente "omune.

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1;. 3ravitatea infra" iunii are o mare influen * asupra perioadei de

deten ie e)e"utat* de a"u+at.

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$ASIS O/ 'RI#INAL LIA$ILIT2( " crime generally consists of two

elements* +a an act or omission and +b a mental state. n the case of some

crimes, such as the illegal operation of a business without a licence, it isimmaterial whether the act causes harm to others. n other cases the defendants

act must be the sufficiently direct cause of harm to another in order to impose

criminal liability, as in the case of unlawful homicide.

/ental state does not re0uire an awareness or %nowledge of guilt. n most

crimes it is sufficient that the defendant voluntarily did the act that is criminal,

regardless of motive or evil intent. n some instances a particular mental state is

re0uired, such as the necessity that a homicide be with malice aforethought to

constitute murder. n some cases it is the eistence of a specific intent that

differentiates the crime committed from other offences, as an assault with intent

to %ill is distinguished by that intent from an ordinary assault or an assault with

intent to rob.

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EXERCISE 2. /nswer the following (uestions based on the previous te)t

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. 77?norat* "urte0 starea mental* a a"u+atului ,n momentul

"omiterii "rimei nu i7a permis a"estuia s* mai dis"earn* ,ntre

bine i r*u.

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2. Inten ia ata"atorului a fost doar de a7 i &efui vi"tima0 nu de a o

u"ide.

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EXERCISE 6. Translate the following (uestions

1. Cine a "omis a"easta fapta reprobabila=

%. Cat de grav este deli"tul "omis de a"u+at =

'. @entru "ati ani va fi trimis la in"hisoare =

. Ce intentionea+a sa adopte avo"atul apararii "a strategie lapro"es =

2. /"u+atul este "onstient de vinovatia sa =

&ARTIES TO A 'RI#E. wo ore more parties may directly or indirectly

contribute to the commission of a crime. "t common law participants in the

commission of a felony are sometimes %now asprin"ipalsand a""essories.

0a1 &rin!ipal(4rincipals may be divided into two classes* +1 prin"ipals

in the first degree0who actually engage in the perpetration of the crime and +'

prin"ipals in the se"ond degreewho are actually or constructively present and

aid and abet in the commission of the act. 5or eample, 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 %eeps watch to prevent surprise or capture.

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he distinction as to degree is fre0uently by statute so that all persons

participating in a crime are principals.

0*1 A!!e)rie("ccessories to a crime are also divided into two classes,

accessories before the fact and accessories after the fact. "n a""essor# before

the fa"tdiffers from a principal in the second degree only by reason of this

absence from the scene of the fact. "n a""essor# after the fa"tis a person who

%nowingly assists one who has committed a felony. hus, 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 escapefrom imprisonment.

EXERCISE 6. Find in the te)t above the English e(uivalents for a

averti+a! "ompli"e! "omiterea unei infra" iuni! evadare din ,n"hisoare! a sta de

pa+*! a a" iona ,n "ompli"itate! f*ptuitor prin"ipal! a "omite o infra" iune! a

,mpiedi"a arestarea! a a&uta un infra"tor! a oferi ad*post.$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

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EXERCISE 9. Translate into English

1. ?nora i &ura i0 nu e)ist* probe "are s* demonstre+e pre+en a

"lientului meu la lo"ul faptei.

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%. Cei "are ofer* ad*post unui infra"tor sunt pasibili de pedeaps*

"u ,n"hisoarea.

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'. /"u+atul este f*ptuitorul prin"ipal al a"estei infra" iuni.

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. @e motiv "* a evadat din ,n"hisoare0 in"ulpatul va e)e"uta ,n

plus fa * de sentin a a"tual* i restul de pedeaps* de la

"ondamnarea anterioar*.

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2. Spargatorul a fost a&utat de un "ompli"e si de a"eea a disparut

atat de repede de la lo"ul faptei.

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5. /"u+atul a adus in apararea sa faptul "a nu stia "a prietenul

"aruia i7a oferit adapost to"mai "omisese un ata" soldat "u

moartea vi"timei.

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6. Desi era sus"eptibil de a primi o amenda substantiala0 avo"atul

sau a in"er"at sa7i obtina a"hitarea.

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9. Se stie "a si intentia de a a&uta un infra"tor se pedepseste

"onform legii.

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:. Desi nu a parti"ipat efe"tiv la "omiterea &afului0 a stat de paa in

fata ban"ii si si7a anuntat "olegii de venirea iminenta a politiei.

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RES&ONSI$ILIT2 /OR 'RI#INAL A'TS. n some cases certain

categories of persons are not fully responsible for their criminal acts.

0a1 #in)r( Some states have legislation fiing the age of criminal

responsibility of minors. "t common law, when a child is under the age of

seven, the law presumes him to be incapable of committing a crime9 after the

age of fourteen he is presumed to have capacity as though he were an adult9 and

between the ages of seven and fourteen, no presumption of law arises and it

must be shown that the minor has such capacity. he eistence of capacitycannot be presumed from the mere commission of the act.

0*1 Inane per)n( "n insane person is not criminally responsible for his

acts. here is a conflict of opinion over what constitutes such insanity as to

ecuse a person legally from the normal conse0uence of his acts. "ll courts,

however, agree that intellectual wea%ness alone is not such insanity." test commonly applied is the right7and7wrong test.he 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 irresistible7impulse test0 the theory of which is

that although the defendant may %now right from wrong, if he acts under

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. f the mental instability is not caused by disease, the irresistible-

impulse test is not applied.

n many :urisdictions the right-and-wrong test and the irresistible-impulse

test have been replaced by the rule stated in the /odel 4enal Code of the

"merican ;aw nstitute that " person is not responsible for criminal conduct if

at the time of such conduct as a result of mental disease of defect he lac%s

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substantial capacity to appreciate the wrongfulness of his conduct or to conform

his conduct to the re0uirements of the law#.

0!1 Int)3i!ated per)n( nvoluntary intoication relieves a person fromcriminal responsibility9 voluntary intoication generally does not. "n

eplication to this rule is made in the case of a crime re0uiring specific intent

when the accused was so intoicated that was incapable of forming such intent.

0d1 ')rp)rati)n( he modern tendency is to hold corporation criminally

responsible for their acts. " corporation may also be held liable for crimes basedupon the failure to act. n some instances, the crime may be defined by statute in

such a way that it re0uires or is interpreted as re0uiring a living person# to

commit the crime, in which case a corporation cannot be held criminally liable.

Certain crimes, such as per:ury, cannot be committed by corporations. t

is also usually held that crimes punishable only by imprisonment or corporal

punishment cannot be committed by corporations. f the statute imposes a fine inaddition to or in lieu of imprisonment or corporal punishment, a corporation

may be convicted for the crime. hus a corporation may be fined for violating

the federal antitrust law by conspiring or combining to restrain interstate

commerce. " corporation may be fined for committing criminal manslaughter

when death has been caused by the corporations failure to install safety

e0uipment re0uired by statute.

EXERCISE :. 8a4e up (uestions for the following answers based on the

previous te)ts

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=

8inors0 insane or into)i"ated persons and "orporations.

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%. $$$$$$$$$$$$$$$$$$$$$$$$$$$$..

=

/fter the age of fourteen.

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=

Ao0 it "anBt. It "annot be presumed from the mere "ommission of an

a"t.

. $$$$$$$$$$$$$$$$$$$$$$$$$$$$..

=

The right and wrong test and the irresistible impulse test.

2. $$$$$$$$$$$$$$$$$$$$$$$$$$$$..

=

If the mental instabilit# is not "aused b# disease.

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=

oluntar# and involuntar#.6. $$$$$$$$$$$$$$$$$$$$$$$$$$$$..

=

Crimes onl# punishable b# imprisonment and "orporal punishment.

9. $$$$$$$$$$$$$$$$$$$$$$$$$$....=

Ao0 it "anBt. / "orporation "annot be prose"uted for per&ur#.

:. $$$$$$$$$$$$$$$$$$$$$$$$$$$$..

=

iolating the federal antitrust law.

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SE'URIT2 /RO# $USINESS 'RI#ES

EXERCISE 1; . Complete the following with one of the given words

penalize; subject; of; immaterial; prosecution; common; constitutes;

wrongdoer; forms; property; fraudulent; joyride.

456 LAR'EN2(ar"en# is wrongful or +1====..=. ta%ing and carrying

away by any person of the personal property of another, with a fraudulent intent

to deprive the owner +'=====.= his property. he place from which the

property is ta%en is generally +(=======, although by statute the

offence is sometimes sub:ected to a greater penalty when property is ta%en froma particular %ind of building, such as warehouse. Shoplifting is a +)

======.= from of larceny.

"t common law a defendant ta%ing +2=========.= of

another with the intent to return it was not guilty of larceny. his has been

changed in some states so that a person who borrows# a car for a +3

========..= is guilty of larceny, theft, or some other statutoryoffence. Statutes in many states +6========.= as larceny by tric% the

use of any device or fraud by which the +7=======..= obtains the

possession of, or title to, personal property from the true owner. n some states

all +8=========.= of larceny and robbery are consolidated in a

statutory crime of theft. "t common law there was no single offence of theft.

he concept of property which may be the +1ne half of the states have statutes punishing the theft

of trade secrets as larceny.

he fact that the person from whom the thief has ta%en the personal

property is not the owner does not constitute a defence to the +1'=====.

= of the thief for larceny.

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EXERCISE 11. Complete the following te)ts with words derived from the

words in "apitals

RO$$ER2("t common law robber#was the +;"!======. ta%ing of

personal property of any value from the +4>SSESS=======. or from

the +4$ESE?=======. of another by means of force or by putting the

possessor in fear. t differed from larceny +4$/"$@======= in the

necessity of the use of force or fear, so that a pic%poc%et whose act of stealing

was +A?>!========.. to his victim committed larceny but not

robbery.

n most states there are special +4E?";SE=======. for variousforms of aggravated robbery, such as robbery by use a +BE"

======== weapon.

$URGLAR2("t common law burglar# was the brea%ing and entering in the

nighttime of the dwelling house of another, with the +?E?B===== to

commit a felony. !hile one often thin%s of a burglary as stealing property, anyfelony would satisfy the +BE5?E========.. he offence was aimed

primarily at protecting the +?"D========. and thus illustrates

the social ob:ective of +4$>EC======= the person, in this case the

person living or dwelling in the building.

/odern statutes have eliminated many of the +$EU$E======

of the common-law definition so that it is +/"E$";=======..

when or where is an +E?E$=======. to commit a felony, and the

elements of brea%ing and entering are fre0uently 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 ban% building, freight car, or

warehouse. $elated +S"UE======. offences have also been

created, such as the crime of possessing burglars tools.

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EXERCISE 1%. In ea"h line of the following te)t identif# one unne"essar# word.

/ number of 5 lines are "orre"t

ARSON("t the common law arson was the willful and malicious burning

of the dwelling-house of another one. "s 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. n most states, arson is felony so that

if someone is %illed 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.n 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 re0uired that the dwelling house be

that of another person. n many states it is now arson to burn any one

building owned by another, even though it is not a dwelling.

EXERCISE. Translate into English

1. >otul a patruns in "asa dupa "aderea noptii si a sustras bunurile "ele

mai valoroase.

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%. @atrunderea prin efra"tie se pedepseste "u in"hisoarea.

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'. Deposedarea unei persoane de bunurile personale sub amenintarea

fortei "onstituie &af "u "ir"umstante agravante.

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. Furtul a fost "omis prin insela"iune si atrage o pedeapsa de "el putin

un an de in"hisoare.

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2. @edepsele varia+a "onsiderabil in fun"tie de in"adrarea &uridi"a a

faptei.

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RE'EIVING STOLEN GOODS(he crime of re"eiving stolen goodsis thereceiving of goods which have been stolen, with %nowledge of that fact, and

with the intent to deprive the owner of them. t is immaterial that the goods were

received from a person who was not the person who stole them, such as another

receiver of the goods or an innocent middleman, and it is li%ewise immaterial

that the receiver does not %now the identity of the owner or the thief.

/A'TS5Scaggs ac0uired possession of property that was stolen. e did not %now this atthe time but learned of it later. Upon so learning, he decided to %eep the property

for himself. e was prosecuted for receiving stolen goods. e raised the defence

that at the time he received# the goods, he did not %now that they were stolen

and therefore was not guilty of the offence.

DE'ISION5Scaggs was guilty. he offence of receiving# is, in effect, a continuing offence

including retaining possession of stolen goods. !hen Scaggs retained

possession of the goods after %nowing that he would thereby deprive the true

owner of his property, he committed the offence of receiving#. FCalifornia v

Scaggs, 12( Cal"pp'd ((8, (1) 4'd 68(G

EXERCISE 1'. /nswer the following (uestions based on the previous te)t

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'. Did S"aggs 4now that the propert# was stolen=

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because the wrongdoer +not ta%e======== the property from the

possession of another, and which were not robbery because there was neither a

ta%ing nor the use of force or fear.

t is immaterial whether the defendant +receive=======. the

money or property from the victim or from a third person. hus, an agent

+commit========. embe&&lement when he +receive======

and +%eep========= 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.

oday every :urisdiction +have====== not only a generalembe&&lement statute but also various statutes applicable to particular situations,

such as embe&&lement by trustees, employees and government officials.

Henerally the fact that the defendant +intend=======. to return

the property or money which he +embe&&le=======.., or +do===..

in fact do so, is no defence. owever, as a practical matter an embe&&ler

returning what he +ta%e======== will ordinarily not be prosecutedbecause the owner +not desire========.. to testify against him.

EXERCISE 15. Translate into English the words and phrases that appear

in Romanian in the following te)ts

O$TAINING GOODS $2 /ALSE &RETEN'ES. n almost all the states,

statutes are directed against obtaining +bani sau bunuri$$$$$$$$$$

by means of false pretences. hese statutes vary in detail and scope. Sometimes

the statutes are directed against particular forms of + ,n el*torie$$$$$$$. ,

such as using bad +"e"uri$$$$$$$$.

/ALSE 7EIG8T9 #EASURES AND LA$ELS. Cheating, defrauding or

misleading the public by the use of false, improper, or inade0uate +greut* i

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$$$$$$., measures and labels is a +infra" iune$$$$$.. . ?umerous

federal and state +reglement*ri$..$$$$have been adopted on this sub:ect.

S7INDLES AND 'ON/IDEN'E GA#ES. he act of a person who,

intending +s* ,n ele sau s* fraude+e$$$$$$$$$$$$$.. , obtains

money or property by tric%, deception, fraud or other device, is an offence

%nown as aswindle or "onfiden"e game. 5alse or bogus chec%s and spurious

+monede$$$$$$$$$.are fre0uently employed in swindling operations

directed toward the man engaged in +afa"eri$$$$$$$$$$$.

'OUNTER/EIT #ONE2. t is a federal crime to ma%e, to possess with intent

to pass or to pass counterfeit coins, ban% notes or obligations. ;egislation has

also been enacted against the passing of counterfeit foreign securities or notes of

foreign ban%s.

he various states also have statutes prohibiting the ma%ing and passing

of counterfeit coins and ban% notes. hese statutes often provide, as does thefederal statute, a punishment for the mutilation of ban% notes or the lightening or

mutilation of coins.

/A'TS* !olfe gave some counterfeit money to Dallinger, telling her that the bills

were counterfeit and that she should go downtown to pass them and that, being

?ew @ears Eve, it was a good time to pass them. Dallinger thereafter spent

two of the bills and attempted to destroy the balance. !olfe was arrested and

prosecuted for passing counterfeit obligations of the United States with theintent to defraud. e raised the defence that he could not be guilty because

Dallinger had been told that the money was counterfeit.

DE'ISIONS* !olfe was instrumental in putting the counterfeit money in circulation and in

its being passed to some persons who would not %now its false character. e

was guilty, therefore, of passing counterfeit money even though the person to

whom he gave it had not been deceived. FUnited States v !olfe +C"6 (


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. Falsifi"atorul a fost "ondamnat la "- iva ani de ,n"hisoare0 dar pedeapsa

a fost suspendat*.

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$..

2. Cum se pot re"unoa te ban"notele false sau "ontraf*"ute =

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

EXERCISE 1:. Sele"t the most appropriate word to "omplete the blan4s in the

following te)t

USE O/ #AILS TO DE/RAUD. Congress has +1====. it a crime to use

the mails to further any scheme or artifice to defraud. o constitute the offence,

+'===== must be +a a contemplated or organi&ed scheme or artifice to

defraud or to obtain money or property by false pretences, and +b the mailing orthe causing of +(====== to mail a letter, writing or pamphlet for the

purpose of eecuting or attempting to eecute +)===== scheme or

artifice. llustrations of schemes or artifices that +2=====.. within the

statute are false statements to secure credit, circulars announcing false cures for

sale, false statements to +3======== stoc% 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 +6======.. from an insurance company. 5ederal +7

======. also ma%es it a crime to use a telegram to defraud.

1. ". done D. made C. sub:ected B. established

'. ". there D. it C. he B. she

(. ". other D. another C. them B. peoples

). ". such D. so C. same B. all

2. ". come==D. arrive C. stay B. include

'1


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EXERCISE %1. Complete the following te)t with words derived from the

ones in "apitals

/ORGER2( Forger# consists of the +5$"UB=======. ma%ing or

material altering of an instrument, such as a chec%, which +"44E"$

===== creates or changes a legal +;"D;E======. of another.

he instrument must have some apparent legal efficacy to contribute forgery.

+>$B?"$@=======. forgery consists of signing anothers

name with intent to defraud. t may also consist of ma%ing an entire instrument

or altering an eisting one. t may result from signing a +5C>?=====.name or the +>55E?CE====== own name with the intent to defraud.

!hen the +>!?======== of a credit card signs the owners

name on credit card invoice, such an act is a forgery. n most states a special

statute ma%es it a crime to fraudulently use a credit card. n such a case, the

+4$>SECUE========. attorney may choose either to prosecute the

defendant for +I>;"E========. of the forgery statute or thespecial credit card statute.

/A'TS* /orse was convicted of forging the name illyard /otors# as the drawer of a

chec%. e appealed on the ground that signing such a name had no legal effect

and that therefore he not guilty of forgery.

DE'ISIONS* Commercial paper may be signed with a trade name. he chec% signed by

/orse appeared to have been signed in this manner. t therefore apparently had

legal efficacy. !hether it did or not was immaterial as long as the signing hadbeen made with intent to defraud. F!ashington v /orse, (7 !ash'd 8'6, '()

4'd )67G

'RI#INAL LI$EL( " person who falsely defames another without legal

ecuse or :ustification may be sub:ect to criminal liability as well as civil

liability. Criminal libel is based upon its tendency to cause a breach of the

'(


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peace. Under some statutes, however, the offence appears to be based upon the

tendency to in:ure another.

?o publication or communication to third persons is re0uired in the case

of criminal libel. he offence is committed when the defendant communicates

the libel directly to the person libeled as well as when he ma%es it %nown to

third persons.

he truth of the statement is a defence in civil libel. n order to constitute

a defence to criminal libel, the prevailing view re0uires that a proper motive on

the part of the accused be shown and proof that the statement is true.

n a number of states, slander generally or particular %inds of slander havebeen made criminal offences by statute.

EXERCISE %%. Find words in the te)t above that are s#non#mous with

"alumn#! to demand! "rime! violation! in"lination! eviden"e! &ustified.

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$..

EXERCISE %'. Find words in the te)t above that are anton#mous witha""uratel#! to "ure! indire"tl#! atta"4! plaintiff! lie! illegal! improper.

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$..

EXERCISE %. Translate into English

1. Hiaristul s7a f*"ut vinovat de infra" iunea de def*imare a unei

persoane publi"e.

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$.

%. Se dis"ut* da"* pamfletul i satira ar trebui s* fie "onsiderate

"a fiind "alomnie.

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$.

'. Re"lamantul a des"his un pro"ess de "alomnie ,mpotriva

adversarului s*u politi".

')


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$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$.

.

. Calomnia nu a putut fi dovedit* ,n instan *.

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$.

.

EXERCISE %2. Complete the following te)t with prepositions and

parti"les

RIOTS AND 'IVIL DISORDERS(Bamage +1== property in the course of

a riot or civil disorder is ordinarily a crime to the same etent +'== thoughonly one wrongdoer were involved. hat is, there is larceny, or arson, and so +(

==, depending +)== the nature of the circumstances, without regard to

whether one person or many are involved. n addition, the act +2==

assembling as a riotous mob and engaging in civil disorders is generally some

form of crime +3== itself, without regard to the destruction or the theft of

property, whether under common-law concepts of disturbing the peace or +6== modern antiriot statutes.

" state may ma%e it a crime to riot or to incite to riot, although a statute

relating +7== inciting must be carefully drawn to avoid infringing

constitutionally protected free speech.

$i*li):rap;

')mpre;enive V)lume9 SOUT8?7ESTERN &U$LIS8ING 'O( 9 'in!innati 7et ';i!a:)9 Ill( Dalla

&el;am #an)r9 N(2( &al) Alt)9 'ali"( $ri:;t)n9 En:land(

GRA##AR 8IG8LIG8TS

Tene ")rmati)n in En:li;

&reent Tene Simple

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S@ V00e11

A""irmative? Ne:ative

wor% do not +dont wor%

@ou wor% @ou do not +dont wor%eJsheJit wor%s eJsheJit does not +doesnt wor%!e wor% !e do not +dont wor%@ou wor% @ou do not +dont wor%

hey wor% hey do not +dont wor%

Interr):ative

Bo wor%K Bo we wor%KBo you wor%K Bo you wor%KBoes heJsheJit wor%K Bo they wor%K

@resent Tense Simpleis used to epress a repeated or regular action in thepresent.

E.g. !hat do you doK +Cu ce te ocupiK am a student.!hat time do you usually have brea%fastK

&reent Tene ')ntinu)u

S@ amiare @Vin:

A""irmative

am wor%ing

@ou are wor%ing

eJsheJit is wor%ing

!e are wor%ing.

hey are wor%ing

Ne:ative

am not wor%ing.@ou are not +arent wor%ing.eJsheJit is not +isnt wor%ing.!e are not +arent wor%ing.@ou are not +arent wor%ing.hey are not +arent wor%ing.

Interr):ative

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"m wor%ingK "re we wor%ingK"re you wor%ingK "re you wor%ingKs heJsheJit wor%ingK "re they wor%ingK

@resent Tense Continuousis used to epress an action ta%ing place at the

moment of spea%ing.

E.g. !here are you goingK am going to school.

t may also show a present action ta%ing place within a limited period oftime +temporary change in a fied routine*

E*g. usually go to school by bus, but this wee% my father is ta%ing me inhis car.

Sometimes 4resent ense Continuous is accompanied by the adverb alwa#s0

in order to show a repeated action which is causing the spea%er irritation ordiscontentment*

E.g. @ou are always losing your things.@ou are always grumbling when as% you to help me in the %itchen.

&at Tene Simple

S@Ved 0")r re:ular ver*1)r in t;e e!)nd ")rm 0")r irre:ular ver*1A""irmativeJ youJ heJ sheJ itJ weJ they wor%edJ spo%eNe:ativeJyouJheJsheJitJweJthey did not +didnt wor%J spea%Interr):ativeBid JyouJheJsheJitJweJthey wor%J spea%K4ast ense Simple epresses a definite past action or state, with no connectionto the present. t is usually translated by the $omanian #perfect compus#.E.g. @esterday went for a wal%.+eri am mers la plimbare.;ast year travelled to England.+"nul trecut am calatorit in "nglia.

&at Tene ')ntinu)[email protected] Vin:A""irmative was wor%ing@ou were wor%ingeJsheJit was wor%ing!e were wor%inghey were wor%ingNe:ative was not +wasnt wor%ing!e were not +werent wor%ing

@ou were not wor%ingeJsheJit was not wor%ing

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hey were not wor%ingInterr):ative!as wor%ingK !ere we wor%ingK!ere you wor%ingK !ere you wor%ingK!as heJsheJit wor%ingK !ere they wor%ingK

t epresses an action in full progress in the past.t is usually translated bythe $omanian #imperfect#.E.g. his time yesterday, was watching I.+eri pe vremea asta priveam la televi&or.

t is possible verbs in the past simple and past continuous to encounter in thesame sentence*

E.g. !hile was crossing the street, met Lohn.t is also possible to find two verbs in the past continuous in the same

sentence*E.g. !hile Lohn was reading, his sister was watching I.

+n timp ce Lohn citea, sora lui privea la televi&or.

&reent &er"e!t Simple

S@;ave ;a @Ved 0re:ular ver*1 )r in t;e t;ird ")rm 0irre:ular ver*1

A""irmative have wor%ed@ou have wor%edeJsheJit has wor%ed!e have wor%edhey have wor%edNe:ative have not +havent wor%ed.eJsheJit has not +hasnt wor%ed(Interr):ativeave wor%edKas heJsheJit wor%edK

4resent 4erfect is a tense epressing the relation between past andpresent.

E.g. havent seen Lohn for two months.

+?u l-am va&ut pe Lohn de doua luni.

havent seen Lohn since September.

+?u l-am va&ut pe Lohn din septembrie.

have %nown Lohn for two years.

+l cunosc pe Lohn de doi ani.

have %nown Lohn since 188


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+l cunosc pe Lohn din 188


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E.g. am tired because have been wor%ing all day.+Sunt obosit pentru cN am muncit toatN &iua.t has been raining for three hours. f it doesnt stop soon, we shall havefloods.+4louN de trei ore. BacN nu se opre te Qn curMnd, vom avea inunda ii.

Lust li%e 4resent 4erfect Simple, it is translated by the $omanian #pre&ent# or#perfect compus#.

&at &er"e!t Simple

S@;ad@Ved 0re:ular ver*1 )r in ;e t;ird ")rm 0irre:ular ver*1

A""irmative had wor%ed.

Ne:ative had not +hadnt wor%ed.Interr):ativead wor%edKt epresses an a past action, prior to another past action +epressed by theSimple 4ast*

E.g. @esterday at 8 ocloc% had had brea%fast.

+eri la ora 8 luasem micul de:un.

!hen you rang me up, had finished writing my homewor%.

+CMnd mi-ai telefonat, terminasem de scris temele.

n $omanian it is e0uivalent to #mai mult ca perfect#, but sometimes it is alsotranslated as #perfect compus#.

&at &er"e!t ')ntinu)uS@;ad@Vin:A""irmative had been wor%ing.

Ne:ative had not +hadnt been wor%ing.Interr):ativead been wor%ingKt epresses an action in full progress between two past moments, and it isusually combined with other past tenses, especially 4ast Simple* E.g.. !hen he entered the room, she had been typing for one hour.

+CMnd el a intrat Qn camerN, ea bNtea la ma inN de o orN. "fter Lohn had been watching I for 1< minutes, he got bored.

+BupN ce Lohn privise +a privit la televi&or 1< minute, s-a plictisit. e said it had been raining for three days.

+El a spus cN ploua de trei &ile.

(


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t is translated by the $omanian #mai mult ca perfect#, #perfect compus# or#imperfect#, according to the contet.

/uture Tene Simple

S@;all.ill@VA""irmative +shall will go!e +shall will go@ou will goeJsheJit will gohey will goNe:ative +shall will not go!e +shall will not go@ou will not go

eJsheJit will not gohey will not gohe contracted forms * Oshall notP -shanBt, and Owill notP - wonBt.Interr):ativeShall goKShall we goK!ill you goK!ill heJsheJitJ goK!ill they goK

?.D. he first person interrogative only uses OshallP.t shows a future action and it is translated with the $omanian #viitor simplu*E.g. +shall will meet him net wee%. +Rl voi QntMlni sNptNmMna viitoare./uture ')ntinu)uS@;all.ill@*e@Vin:A""irmative +shall will be going.@ou will be going.eJsheJit will be going.!e +shall will be going.@ou will be going.

hey will be going.Ne:ative +shall will not be going.@ou will not be going.eJsheJit will not be going.!e +shall will not be going.@ou will not be going.hey will not be going.Inter):ativShall be goingKShall we be goingK

!ill you be goingK!ill heJsheJit be goingK

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!ill they be goingKt epresses an action in full progress at a future moment * E.g. "t three ocloc%, will be travelling to England.

+/Mine la ora trei voi cNlNtori spre "nglia.

/uture &er"e!t SimpleS@;all.ill @;ave@Ved 0re:ular ver*1 )r in t;e t;ird ")rm 0irre:ularver*1A""irmative +shall will have gone.@ou will have gone.eJsheJit will have gone.!e +shall will have gone.@ou will have gone.hey will have gone.

Ne:ative +shall will not have gone.@ou will not have gone.eJsheJit will not have gone.!e +shall will not have gone.@ou will not have gone.hey will not have gone.Interr):ativeShall have goneK Shall we have goneK!ill you have goneK !ill you have goneK!ill heJsheJit have goneK !ill they have goneKt epresses a future action prior to another future action and it is translated bythe $omanian #viitor anterior* E.g. Dy three ocloc% tomorrow, will have reached 4redeal.

+/Mine pMna la ora trei voi fi a:uns la 4redeal./uture &er"e!t ')ntinu)uS@;all.ill @;ave @*een @Vin: +shall will have been going.

!hen you come home, will have been studying for three hours.CMnd vei veni tu acasN, voi studia +voi fi studiat de trei ore.

t is rarely used9 it epesses an action in full progress between two future

moments.Ot;er mean )" e3prein: "uture 4resent Simple future tense adverb, epressing a fied, officially

scheduled action*

E.g. leave for ;ondon tomorrow.

+4lecJvoi pleca la ;ondra mMine.

4resent Continuous future tense adverb , epressing a personalarrangement *

E.g. am meeting Lohn this morning.

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+Rl QntMlnescJil voi QntMlni pe Lohn Qn dimineaa aceasta.

Oto be going toP infinitive, to epress intention andJor probability*E.g. am going to read this boo%.

+Ioi citiJam de gMnd sN citesc aceastN carte.t is going to rain.

+4robabil va ploua.

LIST O/ IRREGULAR VER$S

to be was, were been

((


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to bear bore borne, born

to beat beat beaten

to become became become

to begin began begun

to bend bent bent

to bite bit bitten

to blow blew blown

to brea% bro%e bro%en

to bring brought brought

to build built built

to burn burnt burnt

to burst burst burst

to buy bought bought

to catch caught caught

to choose chose chosen

to come came come

()


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to cost cost cost

to creep crept crept

to cut cut cut

to deal dealt dealt

to dig dug dug

to do did done

to draw drew drawn

to dream dreamt dreamt

to drin% dran% drun%

to drive drove driven

to eat ate eaten

to fall fell fallen

to feed fed fed

to feel felt felt

to fight fought fought

to find found found

(2


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to fly flew flown

to forbid forbade forbidden

to forget forgot forgotten

to forgive forgave forgiven

to free&e fro&e fro&en

to give gave given

to go went gone

to grow grew grown

to hang hung hung

to have had had

to hear heard heard

to hide hid hidden

to hit hit hit

to hold held held

to hurt hurt hurt

to %eep %ept %ept

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to %neel %nelt %nelt

to %now %new %nown

to lay laid laid

to lead led led

to lean leant leant

to learn learnt, learned learnt, learned

to leave left left

to lend lent lent

to let let let

to lie lay lain

to lose lost lost

to ma%e made made

to mean meant meant

to mow mowed mown

to meet met met

to pay paid paid

(6


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to put put put

to read read read

to ride rode ridden

to ring rang rung

to rise rose risen

to run ran run

to say said said

to see saw seen

to see% sought sought

to sell sold sold

to set set set

to sew sewed sewn

to sha%e shoo% sha%en

to shine shone shone

to shoot shot shot

to show showed shown

(7


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to shrin% shran% shrun%

to shut shut shut

to sing sang sung

to sin% san% sun%

to sleep slept slept

to slide slid slid

to smell smelt smelt

to sow sowed sown

to spea% spo%e spo%en

to spell spelt spelt

to spend spent spent

to spill spilt split

to spread spread spread

to stand stood stood

to stea1 stole stolen

to stic% stuc% stuc%

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to stride strode stridden

to stri%e struc% struc%

to strive strove striven

to swear swore sworn

to sweep swept swept

to swim swam swum

to ta%e too% ta%en

to teach taught taught

to tell told told

to thin% thought thought

to throw threw thrown

to understand understood understood

)


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')ntent

GENERAL &RIN'I&LES BBBBBBBBBBBBBBBBBBBBBBBBBBBBB+

'LASI/I'ATION O/ 'RI#ES BBBBBBBBBBBBBBBBBBBBBBBBBB(+

+a Source of criminal law ============================..++b Seriousness of offence ============================..++c ?ature of crimes ===============================+

$ASIS O/ 'RI#INAL LIA$ILIT2 BBBBBBBBBBBBBBBBBBBBBBBB(((C&ARTIES TO A 'RI#E=============================...6

+a 4rincipals =================================6+b "ccessories ================================.6

RES&ONSI$ILIT2 /OR 'RI#INAL A'TS=====================

+a /inors ==================================.+b nsane persons ===============================.+c ntoicated persons =============================.

+d Corporations ===============================...

SE'URIT2 /RO# $USINESS 'RI#ES BBBBBBBBBBBBBBBBBBBBBB-,

LAR'EN2 BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB-,RO$$ER2 BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB--$ULGLAR2 BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB(--ARSON BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB(-+RE'EIVING STOLEN GOODS BBBBBBBBBBBBBBBBBBBBBBBBBB-+E#$E%%LE#ENT BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB(-CO$STAINING GOODS $2 /ALSE &RETEN'ES BBBBBBBBBBBBBBBBBB(-C

/ALSE 7EIG8T9 #EASURES AND LA$ELS BBBBBBBBBBBBBBBBBBB((-6S7INDLES AND 'ON/IDEN'E GA#ES BBBBBBBBBBBBBBBBBBBBB(-6

)1


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'OUNTER/EIT #ONE2 BBBBBBBBBBBBBBBBBBBBBBBBBBBB((-6USE O/ #AILS TO DE/RAUD BBBBBBBBBBBBBBBBBBBBBBBBBB-LOTTERIES BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB-/ORGER2 BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB(((-F'RI#INAL LI$EL BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB(+,RIOTS AND 'IVIL DISORDERS BBBBBBBBBBBBBBBBBBBBBBBBB+-

GRA##AR 8IG8LIG8TS( /)rmati)n )" tene in En:li; BBBBBBBBBBBBBB++&reent Simple BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB((++&reent Simple ')ntinu)u BBBBBBBBBBBBBBBBBBBBBBBBBBBB(++&at Simple BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB(((+4&at ')ntinu)u BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB(((+C&reent &er"e!t Simple BBBBBBBBBBBBBBBBBBBBBBBBBBBBBB(+6&reent &er"e!t ')ntinu)u BBBBBBBBBBBBBBBBBBBBBBBBBBBB(+&at &er"e!t Simple BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB((+&at &er"e!t ')ntinu)u BBBBBBBBBBBBBBBBBBBBBBBBBBBBB((+/uture Simple BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB(((+F

/uture ')ntinu)u BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB(((4,/uture &er"e!t Simple BBBBBBBBBBBBBBBBBBBBBBBBBBBBBB((4-/uture &er"e!t ')ntinu)u BBBBBBBBBBBBBBBBBBBBBBBBBBBB((4-Ot;er mean )" e3prein: "uture BBBBBBBBBBBBBBBBBBBBBBBBB((4-

Irre:ular ver* BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB(44

curs drept i ifr sem i

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