curs drept an i sem i (1)
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Curs Drept an I Sem I (1)TRANSCRIPT
UNIVERSITATEA DUNĂREA DE JOS DIN GALAȚI
Facultatea de Litere
LIMBA ENGLEZĂ PENTRU SPECIALIZAREA DREPT
ANUL I
semestrul I
Lect.dr Corina Dobrotă
Departamentul de Engleză
2015
1
Criminal Law and Business
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.
(b) Seriousness of offence. 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 “Treason against the United
States shall consist only in levying War against them, or in adhering to their
Enemies, giving them Aid and Comfort”.
Felonies include 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. Reckless
driving, weighing and measuring goods with scales and measuring devices that
have not been inspected and disturbing the peace by illegal picketing are
generally classified as misdemeanors. An act may be a felony in one state and a
misdemeanor in another.
(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
community. Crimes mala prohibita include those acts that are wrong merely
because they are declared wrong by some statute.
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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
………………………………………………………………………………
7. Those criminal acts which are only declared wrong by some statute
are ……………………………………………….…………………………
3
EXERCISE 5. Translate into English:
1. Deoarece a conspirat cu teroriștii, a fost găsit vinovat de înaltă
trădare.
………………………………………………………………………………………
………………………………………………………………………………………………
2. A fost pedepsit cu închisoarea deoarece s-a făcut vinovat de
incendierea acelei școli.
………………………………………………………………………………………
……………………………………………………………………………………………..
3.Măsluirea greutăților la cântar se pedepsește cu o amendă usturătoare.
………………………………………………………………………………………
……………………………………………………………………………………………..
4. A fost trimis în fața instanței pentru tulburarea liniștii și ordinii
publice.
………………………………………………………………………………………
……………………………………………………………………………………………..
5. Imprudența la volan se consideră delict minor, iar conducătorul auto
este de regulă amendat și penalizat cu trei puncte.
………………………………………………………………………………………
………………………………………………………………………………………………
6. Inculpatul a fost pur și simplu achitat din cauza unui viciu de
procedură.
………………………………………………………………………………………
………………………………………………………………………………………………
7. Infracțiunea gravă de care s-a făcut vinovat l-a trimis la închisoare pe
o perioadă de 3 ani.
………………………………………………………………………………………
………………………………………………………………………………………………
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8. Greviștii au fost acuzați de pichetare ilegală a sediului companiei și
amendați.
………………………………………………………………………………………
……………………………………………………………………………………………..
9. Fiecare stat din USA are propriile prevederi legale, deși se pot observa
numeroase elemente comune.
………………………………………………………………………………………
……………………………………………………………………………………………..
10. Gravitatea infracțiunii are o mare influență asupra perioadei de
detenție executată de acuzat.
………………………………………………………………………………………
………………………………………………………………………………………………
BASIS OF CRIMINAL LIABILITY. A crime generally consists of two
elements: (a) an act or omission and (b) a mental state. In the case of some
crimes, such as the illegal operation of a business without a licence, it is
immaterial whether the act causes harm to others. In other cases the defendant’s
act must be the sufficiently direct cause of harm to another in order to impose
criminal liability, as in the case of unlawful homicide.
Mental state does not require an awareness or knowledge of guilt. In most
crimes it is sufficient that the defendant voluntarily did the act that is criminal,
regardless of motive or evil intent. In some instances a particular mental state is
required, such as the necessity that a homicide be with malice aforethought to
constitute murder. In some cases it is the existence of a specific intent that
differentiates the crime committed from other offences, as an assault with intent
to kill is distinguished by that intent from an ordinary assault or an assault with
intent to rob.
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EXERCISE 5. Answer the following questions based on the previous text:
1. What elements does a crime generally consist of?
……………………………………………………………………………….
2. Does mental state require an awareness or knowledge of guilt?
………………………………………………………………………………..
3. How does a homicide become murder?
………………………………………………………………………………..
4. How many types of assault are there?
………………………………………………………………………………..
5. How are these types of assault differentiated?
………………………………………………………………………………..
EXERCISE 6. Translate into English:
1. Intenția făptuitorului este foarte importantă atunci când se face
încadrarea juridică a faptei comise de acesta.
………………………………………………………………………………
………………………………………………………………………………
2. Când cauzezi cuiva prejudicii în mod direct trebuie să răspunzi
în fața legii.
………………………………………………………………………………
………………………………………………………………………………
3. Elementele constitutive ale infracțiunii sunt mereu luate în
considerare de către avocatul apărării.
………………………………………………………………………………
………………………………………………………………………………
4. --Onorată curte, starea mentală a acuzatului în momentul
comiterii crimei nu i-a permis acestuia să mai discearnă între
bine și rău.
6
………………………………………………………………………………
………………………………………………………………………………
5. Intenția atacatorului a fost doar de a-și jefui victima, nu de a o
ucide.
………………………………………………………………………………
………………………………………………………………………………
EXERCISE 7. Translate the following questions :
1. Cine a comis aceasta fapta reprobabila?
2. Cat de grav este delictul comis de acuzat ?
3. Pentru cati ani va fi trimis la inchisoare ?
4. Ce intentioneaza sa adopte avocatul apararii ca strategie la
proces ?
5. Acuzatul este constient de vinovatia sa ?
PARTIES TO A CRIME. Two ore more parties may directly or indirectly
contribute to the commission of a crime. At common law participants in the
commission of a felony are sometimes know as principals and accessories.
(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
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
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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.
EXERCISE 7. Find in the text above the English equivalents for: a
avertiza; complice; comiterea unei infracțiuni; evadare din închisoare; a sta de
pază; a acționa în complicitate; făptuitor principal; a comite o infracțiune; a
împiedica arestarea; a ajuta un infractor; a oferi adăpost.
………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
EXERCISE 8. Translate into English:
1. Onorați jurați, nu există probe care să demonstreze prezența
clientului meu la locul faptei.
………………………………………………………………………………
………………………………………………………………………………
2. Cei care oferă adăpost unui infractor sunt pasibili de pedeapsă
cu închisoarea.
………………………………………………………………………………
………………………………………………………………………………
3. Acuzatul este făptuitorul principal al acestei infracțiuni.
………………………………………………………………………………
4. Pe motiv că a evadat din închisoare, inculpatul va executa în
plus față de sentința actuală și restul de pedeapsă de la
condamnarea anterioară.
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………………………………………………………………………………
………………………………………………………………………………
………………………………………………………………………………
5. Spargatorul a fost ajutat de un complice si de aceea a disparut
atat de repede de la locul faptei.
……………………………………………………………………………
…………………………………………………………………………
6. Acuzatul a adus in apararea sa faptul ca nu stia ca prietenul
caruia i-a oferit adapost tocmai comisese un atac soldat cu
moartea victimei.
……………………………………………………………………………
………………………………………………………………………..
7. Desi era susceptibil de a primi o amenda substantiala, avocatul
sau a incercat sa-i obtina achitarea.
……………………………………………………………………………
………………………………………………………………………….
8. Se stie ca si intentia de a ajuta un infractor se pedepseste
conform legii.
……………………………………………………………………………
…………………………………………………………………………..
9. Desi nu a participat efectiv la comiterea jafului, a stat de paa in
fata bancii si si-a anuntat colegii de venirea iminenta a politiei.
……………………………………………………………………………
…………………………………………………………………………
RESPONSIBILITY FOR CRIMINAL ACTS. In some cases certain
categories of persons are not fully responsible for their criminal acts.
9
(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
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”.
10
(c) Intoxicated persons. Involuntary intoxication relieves a person from
criminal responsibility; voluntary intoxication generally does not. An
explication to this rule is made in the case of a crime requiring specific intent
when the accused was so intoxicated that was incapable of forming such intent.
(d) Corporations. The modern tendency is to hold corporation criminally
responsible for their acts. A corporation may also be held liable for crimes based
upon the failure to act. In some instances, the crime may be defined by statute in
such a way that it requires or is interpreted as requiring a living “person” to
commit the crime, in which case a corporation cannot be held criminally liable.
Certain crimes, such as perjury, cannot be committed by corporations. It
is also usually held that crimes punishable only by imprisonment or corporal
punishment cannot be committed by corporations. If the statute imposes a fine in
addition to or in lieu of imprisonment or corporal punishment, a corporation
may be convicted for the crime. Thus a corporation may be fined for violating
the federal antitrust law by conspiring or combining to restrain interstate
commerce. A corporation may be fined for committing criminal manslaughter
when death has been caused by the corporation’s failure to install safety
equipment required by statute.
EXERCISE 9. Make up questions for the following answers based on the
previous texts:
1. …………………………………………………………………………..?
Minors, insane or intoxicated persons and corporations.
2. …………………………………………………………………………..?
After the age of fourteen.
3. …………………………………………………………………………..?
No, it can’t. It cannot be presumed from the mere commission of an
act.
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4. …………………………………………………………………………..?
The right and wrong test and the irresistible impulse test.
5. …………………………………………………………………………..?
If the mental instability is not caused by disease.
6. …………………………………………………………………………..?
Voluntary and involuntary.
7. …………………………………………………………………………..?
Crimes only punishable by imprisonment and corporal punishment.
8. ……………………………………………………………………....?
No, it can’t. A corporation cannot be prosecuted for perjury.
9. …………………………………………………………………………..?
Violating the federal antitrust law.
10.…………………………………………………………………………..?
When it failed to install appropriate safety equipment.
SECURITY FROM BUSINESS CRIMES
EXERCISE 10 . Complete the following with one of the given words:
penalize; subject; of; immaterial; prosecution; common; constitutes;
wrongdoer; forms; property; fraudulent; joyride.
3:5 LARCENY. Larceny is wrongful or (1)…………..…. taking and carrying
away by any person of the personal property of another, with a fraudulent intent
to deprive the owner (2)…………….… his property. The place from which the
property is taken is generally (3)…………………, although by statute the
offence is sometimes subjected to a greater penalty when property is taken from
a particular kind of building, such as warehouse. Shoplifting is a (4)
……………….… from of larceny.
12
At common law a defendant taking (5)……………………….… of
another with the intent to return it was not guilty of larceny. This has been
changed in some states so that a person who “borrows” a car for a (6)
……………………..… is guilty of larceny, theft, or some other statutory
offence. Statutes in many states (7)…………………….… as larceny by trick the
use of any device or fraud by which the (8)…………………..… obtains the
possession of, or title to, personal property from the true owner. In some states
all (9)……………………….… of larceny and robbery are consolidated in a
statutory crime of theft. At common law there was no single offence of theft.
The concept of property which may be the (10)…………………… of
larceny has been expanded. For example, the theft of computer programs (11)
……………..… larceny. One half of the states have statutes punishing the theft
of trade secrets as larceny.
The fact that the person from whom the thief has taken the personal
property is not the owner does not constitute a defence to the (12)…………….
… of the thief for larceny.
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.
13
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
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
14
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.
EXERCISE. Translate into English:
1. Hotul a patruns in casa dupa caderea noptii si a sustras bunurile cele
mai valoroase.
……………………………………………………………………………………
………………………………………………………………………………..
2. Patrunderea prin efractie se pedepseste cu inchisoarea.
……………………………………………………………………………….
3. Deposedarea unei persoane de bunurile personale sub amenintarea
fortei constituie jaf cu circumstante agravante.
……………………………………………………………………………………
…………………………………………………………………………………
4. Furtul a fost comis prin inselaciune si atrage o pedeapsa de cel putin
un an de inchisoare.
……………………………………………………………………………………
…………………………………………………………………………………
5. Pedepsele variaza considerabil in functie de incadrarea juridica a
faptei.
……………………………………………………………………………………
……………………………………………………………………………..
RECEIVING STOLEN GOODS. The crime of receiving stolen goods is the
receiving of goods which have been stolen, with knowledge of that fact, and
with the intent to deprive the owner of them. It is immaterial that the goods were
received from a person who was not the person who stole them, such as another
15
receiver of the goods or an innocent middleman, and it is likewise immaterial
that the receiver does not know the identity of the owner or the thief.
FACTS: Scaggs acquired possession of property that was stolen. He did not know this at
the time but learned of it later. Upon so learning, he decided to keep the property
for himself. He was prosecuted for receiving stolen goods. He raised the defence
that at the time he “received” the goods, he did not know that they were stolen
and therefore was not guilty of the offence.
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
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 14. Translate into English:
1. Inculpatul a pretins că nu știa că bunurile sunt furate.
………………………………………………………………………………..
16
2. Avocatul acuzării a replicat că acest lucru nu contează.
………………………………………………………………………………..
3. Judecătorul l-a condamnat pe inculpat la trei ani de închisoare.
………………………………………………………………………………..
4. Inculpatul a făcut recurs, dar nu a obținut câștig de cauză.
………………………………………………………………………………..
5. Motivul din care a fost încarcerat este că a comis infracțiuni
repetate.
................................................................................................
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)………..
17
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:
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)…………………….
FALSE WEIGHT, MEASURES AND LABELS. Cheating, defrauding or
misleading the public by the use of false, improper, or inadequate (greutăți)
………………., measures and labels is a (infracțiune)……………... Numerous
federal and state (reglementări)…..………… have been adopted on this subject.
SWINDLES AND CONFIDENCE GAMES. The act of a person who,
intending (să înșele sau să fraudeze)………………………………….., obtains
money or property by trick, deception, fraud or other device, is an offence
known as a swindle or confidence game. False or bogus checks and spurious
(monede)………………………. are frequently employed in swindling operations
directed toward the man engaged in (afaceri)…………………………….
COUNTERFEIT MONEY. It is a federal crime to make, to possess with intent
to pass or to pass counterfeit coins, bank notes or obligations. Legislation has
also been enacted against the passing of counterfeit foreign securities or notes of
foreign banks.
18
The various states also have statutes prohibiting the making and passing
of counterfeit coins and bank notes. These statutes often provide, as does the
federal statute, a punishment for the mutilation of bank notes or the lightening or
mutilation of coins.
FACTS: Wolfe gave some counterfeit money to Ballinger, telling her that the bills
were counterfeit and that she should go downtown to pass them and that, being
New Year’s Eve, it was a good time to pass them. Ballinger thereafter spent
two of the bills and attempted to destroy the balance. Wolfe was arrested and
prosecuted for passing counterfeit obligations of the United States with the
intent to defraud. He raised the defence that he could not be guilty because
Ballinger had been told that the money was counterfeit.
DECISIONS: Wolfe was instrumental in putting the counterfeit money in circulation and in
its being passed to some persons who would not know its false character. He
was guilty, therefore, of passing counterfeit money even though the person to
whom he gave it had not been deceived. [United States v Wolfe (CA7 III) 307
F2d 798, cert den 372 US 945]
EXERCISE 17. Answer the following questions based on the previous text:
Which payment instruments can be counterfeited?
………………………………………………………………………………………………
What do several states also prohibit?
……………………………………………………………………………………………….
What does the federal statute provide penalties for?
……………………………………………………………………………………………….
What did Wolfe tell Ballinger?
……………………………………………………………………………………………….
Why was it a good time to pass the counterfeit notes?
……………………………………………………………………………………………….
What defence did Wolfe raise?
……………………………………………………………………………………………….
Why was Wolfe finally found guilty?
……………………………………………………………………………………………….
19
EXERCISE 18. Translate into English:
1. Falsificatorul a plasat banii falși unui intermediar care să-i pună în
circulație.
…………………………………………………………………………………………
………………………………………………………………………………………….
2. Acuzatul s-a făcut vinovat de punere în circulație a unei sume
considerabile de valută falsă.
…………………………………………………………………………………………
…………………………………………………………………………………………
3. Sărbătorile constituie un moment oportun pentru plasarea pe piață a
bancnotelor și monedelor false din cauza tranzacțiilor comerciale intense
din această perioadă.
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………..
4. Falsificatorul a fost condamnat la câțiva ani de închisoare, dar pedeapsa
a fost suspendată.
…………………………………………………………………………………………
…………………………………………………………………………………………..
5. Cum se pot recunoaște bancnotele false sau contrafăcute ?
…………………………………………………………………………………………
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
20
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
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
LOTTERIES. There are three elements to a lottery: (a) a payment of money or
something of value for the opportunity to win (b) a prize (c) by lot of chance. If
these elements appear, it is immaterial that the transaction appears to be a
legitimate form of business or advertising or that the transaction is called by
some name other than a lottery.
The sending of a chain letter through the mail is generally a federal
offence, both as a mail fraud and as an illegal lottery, when the letter solicits
contributions or payments for a fraudulent purpose.
In many states, government lotteries are legal.
EXERCISE 20. Give short answers for the following questions based on
the text above:
21
1. Are there 3 elements to a lottery?
……………………………………………...................................................
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
22
defendant for (VIOLATE)……………………. of the forgery statute or the
special credit card statute.
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]
CRIMINAL LIBEL. A person who falsely defames another without legal
excuse or justification may be subject to criminal liability as well as civil
liability. Criminal libel is based upon its tendency to cause a breach of the
peace. Under some statutes, however, the offence appears to be based upon the
tendency to injure another.
No publication or communication to third persons is required in the case
of criminal libel. The offence is committed when the defendant communicates
the libel directly to the person libeled as well as when he makes it known to
third persons.
The truth of the statement is a defence in civil libel. In order to constitute
a defence to criminal libel, the prevailing view requires that a proper motive on
the part of the accused be shown and proof that the statement is true.
In a number of states, slander generally or particular kinds of slander have
been made criminal offences by statute.
EXERCISE 22. Find words in the text above that are synonymous with:
calumny; to demand; crime; violation; inclination; evidence; justified.
………………………………………………………………………………………
……………………………………………………………………………………………..
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EXERCISE 23. Find words in the text above that are antonymous with:
accurately; to cure; indirectly; attack; plaintiff; lie; illegal; improper.
………………………………………………………………………………………
……………………………………………………………………………………………..
EXERCISE 24. Translate into English:
1. Ziaristul s-a făcut vinovat de infracțiunea de defăimare a unei
persoane publice.
……………………………………………………………………………….
2. Se discută dacă pamfletul și satira ar trebui să fie considerate
ca fiind calomnie.
……………………………………………………………………………….
3. Reclamantul a deschis un process de calomnie împotriva
adversarului său politic.
………………………………………………………………………………..
4. Calomnia nu a putut fi dovedită în instanță.
………………………………………………………………………………..
EXERCISE 25. Complete the following text with prepositions and
particles:
RIOTS AND CIVIL DISORDERS. Damage (1)…… property in the course of
a riot or civil disorder is ordinarily a crime to the same extent (2)…… though
only one wrongdoer were involved. That is, there is larceny, or arson, and so (3)
……, depending (4)…… the nature of the circumstances, without regard to
whether one person or many are involved. In addition, the act (5)……
assembling as a riotous mob and engaging in civil disorders is generally some
form of crime (6)…… itself, without regard to the destruction or the theft of
property, whether under common-law concepts of disturbing the peace or (7)
…… modern antiriot statutes.
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A state may make it a crime to riot or to incite to riot, although a statute
relating (8)…… inciting must be carefully drawn to avoid infringing
constitutionally protected free speech.
Rising crime?
Complete with words derived from the words in capitals:
In recent months there has been a growing 13 among
the general public that crime PERCEIVE
in this country is on the increase. 14 newspaper
headlines imply that somebody is DRAMA
being murdered around every corner, but the 15
simply doesn’t add up. The EVIDENT
truth is that crimes such as 16 have declined
considerably in the last year, BURGLE
suggesting that contrary to public opinion, the nation is not as
17 as some appear MORAL
to believe, and not everybody is living next door to a violent
18 . MUG
There has been some fairly 19 action by the police. DECIDE
In a 20 move last year, they initiated a policy of
getting tough on persistent young CONTROVERSY
offenders, and they have had a 21 amount of success
in this area. Moreover, the SIGNIFY
22 of more policemen on the streets has almost
certainly kept crime levels low. APPEAR
25
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.
GRAMMAR HIGHLIGHTS
Tense formation in English
Present Tense Simple
S+ V((e)s)
Affirmative- Negative
I work I do not (don’t) work You work You do not (don’t) work He/she/it works He/she/it does not (doesn’t) work We work We do not (don’t) work You work You do not (don’t) work They work They do not (don’t) work
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.
E.g. What do you do? (Cu ce te ocupi?) I am a student. What time do you usually have breakfast?
Present Tense Continuous
S+ am/is/are +Ving
Affirmative
I am working
You are working
He/she/it is working
We are working.
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They are working
Negative
I am not working. 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
Am I working? Are we working? Are you working? Are you working? Is he/she/it working? Are they working?
Present Tense Continuous is used to express an action taking place at the moment of speaking.
E.g. Where are you going? I am going to school. It may also show a present action taking place within a limited period of time (temporary change in a fixed routine):
E:g. I usually go to school by bus, but this week my father is taking me in his car.
Sometimes Present Tense Continuous is accompanied by the adverb always, in order to show a repeated action which is causing the speaker irritation or discontentment:
E.g. You are always losing your things. You are always grumbling when I ask you to help me in the kitchen.
Past Tense Simple
S+Ved (for regular verbs)or in the second form (for irregular verbs)AffirmativeI/ you/ he/ she/ it/ we/ they worked/ spokeNegative 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.)
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Past Tense ContinuousS+was/were VingAffirmative I was working You were working 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 workingInterrogative 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.)
Present Perfect Simple
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.
E.g. I haven’t seen John for two months.
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(Nu l-am vazut pe John de doua luni.)
I haven’t seen John since September.
(Nu l-am vazut pe John din septembrie.)
I have known John for two years.
(Il cunosc pe John de doi ani.)
I have known John since 1990.
(Il cunosc pe John din 1990.)
It is usually accompanied by adverbs such as: today, this week, this month, this year.
I have seen two films this week.
(Am vazut doua filme saptamâna aceasta.)
It may express a past action which has present consequences:
E.g. Have you seen Hamlet?
(Ai văzut Hamlet?) I have lost my umbrella. I must buy a new one. (Mi-am pierdut umbrela. Trebuie să-mi cumpăr una nouă.) If the exact past moment when the action occurred s specified, then Past Simple should be used instead of Present Perfect: E.g. I lost my umbrella yesterday. I must buy a new one.The same apples to questions starting with „when", since it is equivalent to the specification of a past moment: E.g. When did you see Hamlet? I saw it last week.The adverbs that may accompany Present Perfect are: often, never, seldom, always, ever, already, just. E.g. Have you ever been to England? (Ai fost vreodată în Anglia?) No, I have never been to England. Yes, I have often been to England. He hasn’t returned home yet. (El nu s-a întors încă acasă.) I haven’t seen him lately. (Nu l-am văzut în ultimul timp.)The Romanian translation is either ”prezent”, or ”perfect compus”, according to the context.
Present Perfect ContinuousS+have/ has been VingAffirmative I have been working We have been working
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You have been working He/she/it has been working They have been working Negative I have not (haven’t) been working. He has not (hasn’t) been working. Interrogative Have I been working? Has he been working?Present Perfect Continuous shows an action in full progress, stressing the duration, started in the past and continuing at present (and even into the future).E.g. I am tired because I have been working all day. (Sunt obosit pentru că am muncit toată ziua.)It has been raining for three hours. If it doesn’t stop soon, we shall have floods. (Plouă de trei ore. Dacă nu se oprește în curând, vom avea inundații.) Just like Present Perfect Simple, it is translated by the Romanian ”prezent” or ”perfect compus”.
Past Perfect Simple
S+had+Ved (regular verbs) or in he third form (irregular verbs)
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):
E.g. Yesterday at 9 o’clock I had had breakfast.
(Ieri la ora 9 luasem micul dejun.)
When you rang me up, I had finished writing my homework.
(Când mi-ai telefonat, terminasem de scris temele.)
In Romanian it is equivalent to ”mai mult ca perfect”, but sometimes it is also translated as ”perfect compus”.
Past Perfect ContinuousS+had+VingAffirmative I had been working. Negative
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I had not (hadn’t) been working. Interrogative Had I been working?It expresses an action in full progress between two past moments, and it is usually combined with other past tenses, especially Past Simple: E.g.. When he entered the room, she had been typing for one hour. (Când el a intrat în cameră, ea bătea la mașină de o oră.) After John had been watching TV for 10 minutes, he got bored. (După ce John privise (a privit) la televizor 10 minute, s-a plictisit.) He said it had been raining for three days. (El a spus că ploua de trei zile.)It is translated by the Romanian ”mai mult ca perfect”, ”perfect compus” or ”imperfect”, according to the context.
Future Tense Simple
S+shall/will+VAffirmative I (shall) will go We (shall) will goYou will go He/she/it will go They will go Negative I (shall) will not go We (shall) will not go You will not goHe/she/it will not go They will not goThe 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 ContinuousS+shall/will+be+VingAffirmative 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
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I (shall) will not be going. You will not be going. He/she/it will not be going. We (shall) will not be going. 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.)
Future Perfect SimpleS+shall/will +have+Ved (regular verbs) or in the third form (irregular verbs)Affirmative I (shall) will have gone. You will have gone. He/she/it will have gone. We (shall) will have gone. You will have gone. They will have gone. Negative I (shall) will not have gone. You will not have gone. He/she/it will not have gone. We (shall) will not have gone. You will not have gone. They will not have gone. Interrogative Shall I have gone? Shall we have gone? Will you have gone? Will you have gone? Will he/she/it have gone? Will they have gone?It expresses a future action prior to another future action and it is translated by the Romanian ”viitor anterior: E.g. By three o’clock tomorrow, I will have reached Predeal. (Mâine pâna la ora trei voi fi ajuns la Predeal.) Future Perfect ContinuousS+shall/will +have +been +VingI (shall) will have been going. When you come home, I will have been studying for three hours. Când vei veni tu acasă, voi studia (voi fi studiat) de trei ore. It is rarely used; it expesses an action in full progress between two future moments. Other means of expressing future
32
Present Simple + future tense adverb, expressing a fixed, officially scheduled action:
E.g. I leave for London tomorrow.
(Plec/voi pleca la Londra mâine.)
Present Continuous + future tense adverb , expressing a personal arrangement :
E.g. I am meeting John this morning.
(Îl întâlnesc/il voi întâlni pe John în dimineața aceasta.)
„to be going to" + infinitive, to express intention and/or probability: E.g. I am going to read this book.
(Voi citi/am de gând să citesc această carte.) It is going to rain.
(Probabil va ploua).
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LIST OF IRREGULAR VERBS
to be was, were been
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 break broke broken
to bring brought brought
to build built built
to burn burnt burnt
to burst burst burst
to buy bought bought
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to catch caught caught
to choose chose chosen
to come came come
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 drink drank drunk
to drive drove driven
to eat ate eaten
to fall fell fallen
to feed fed fed
35
to feel felt felt
to fight fought fought
to find found found
to fly flew flown
to forbid forbade forbidden
to forget forgot forgotten
to forgive forgave forgiven
to freeze froze frozen
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
36
to hold held held
to hurt hurt hurt
to keep kept kept
to kneel knelt knelt
to know knew known
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 make made made
to mean meant meant
37
to mow mowed mown
to meet met met
to pay paid paid
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 seek sought sought
to sell sold sold
to set set set
to sew sewed sewn
to shake shook shaken
38
to shine shone shone
to shoot shot shot
to show showed shown
to shrink shrank shrunk
to shut shut shut
to sing sang sung
to sink sank sunk
to sleep slept slept
to slide slid slid
to smell smelt smelt
to sow sowed sown
to speak spoke spoken
to spell spelt spelt
to spend spent spent
to spill spilt split
to spread spread spread
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to stand stood stood
to stea1 stole stolen
to stick stuck stuck
to stride strode stridden
to strike struck struck
to strive strove striven
to swear swore sworn
to sweep swept swept
to swim swam swum
to take took taken
to teach taught taught
to tell told told
to think thought thought
to throw threw thrown
to understand understood understood
40
Contents
GENERAL PRINCIPLES ……………………………………………………………………………2
CLASIFICATION OF CRIMES …………………………………………………………………….2
(a) Source of criminal law …………………………………………………………………………..2(b) Seriousness of offence …………………………………………………………………………..2(c) Nature of crimes …………………………………………………………………………………2
BASIS OF CRIMINAL LIABILITY ………………………………………………………………...4PARTIES TO A CRIME ……………………………………………………………………………...5
(a) Principals ………………………………………………………………………………………5(b) Accessories …………………………………………………………………………………….5
RESPONSIBILITY FOR CRIMINAL ACTS ………………………………………………………7
(a) Minors ………………………………………………………………………………………….7(b) Insane persons ………………………………………………………………………………….7(c) Intoxicated persons …………………………………………………………………………….8(d) Corporations …………………………………………………………………………………...8
SECURITY FROM BUSINESS CRIMES …………………………………………………………10
LARCENY ……………………………………………………………………………………………10
41
ROBBERY ……………………………………………………………………………………………11BULGLARY ………………………………………………………………………………………….11ARSON ……………………………………………………………………………………………….12RECEIVING STOLEN GOODS ……………………………………………………………………12EMBEZZLEMENT ………………………………………………………………………………….14OBSTAINING GOODS BY FALSE PRETENCES ……………………………………………….14FALSE WEIGHT, MEASURES AND LABELS …………………………………………………..15SWINDLES AND CONFIDENCE GAMES ……………………………………………………….15COUNTERFEIT MONEY …………………………………………………………………………..15USE OF MAILS TO DEFRAUD ……………………………………………………………………17LOTTERIES …………………………………………………………………………………………18FORGERY …………………………………………………………………………………………...19CRIMINAL LIBEL ………………………………………………………………………………….20RIOTS AND CIVIL DISORDERS …………………………………………………………………21
GRAMMAR HIGHLIGHTS. Formation of tenses in English ……………………………………22Present Simple ………………………………………………………………………………………..22Present Simple Continuous ………………………………………………………………………….22Past Simple …………………………………………………………………………………………...23Past Continuous ……………………………………………………………………………………...24Present Perfect Simple ……………………………………………………………………………….25Present Perfect Continuous ………………………………………………………………………….27Past Perfect Simple …………………………………………………………………………………..27Past Perfect Continuous ……………………………………………………………………………..28Future Simple ………………………………………………………………………………………...29Future Continuous …………………………………………………………………………………...30Future Perfect Simple ………………………………………………………………………………..31Future Perfect Continuous …………………………………………………………………………..31Other means of expressing future …………………………………………………………………..31
Irregular verbs ……………………………………………………………………………………….33
42