UNIVERSITATEA DUNREA DE JOS DIN GALAI

Facultatea de Litere

LIMBA ENGLEZ PENTRU SPECIALIZAREA DREPT

ANUL I
semestrul I

Lect.dr Corina Dobrot

Departamentul de Englez

2015

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.

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 rzboi; infraciune major; delict; conducere neglijent;
nociv; nclcare a legii; tulburarea linitii publice; a cntri; 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 .

EXERCISE 5. Translate into English:

1. Deoarece a conspirat cu teroritii, a fost gsit vinovat de nalt
trdare.

2. A fost pedepsit cu nchisoarea deoarece s-a fcut vinovat de

incendierea acelei coli.

..
3.Msluirea greutilor la cntar se pedepsete cu o amend usturtoare.

..
4. A fost trimis n faa instanei pentru tulburarea linitii i ordinii
publice.

..
5. Imprudena la volan se consider delict minor, iar conductorul auto
este de regul amendat i penalizat cu trei puncte.

6. Inculpatul a fost pur i simplu achitat din cauza unui viciu de

procedur.

7. Infraciunea grav de care s-a fcut vinovat l-a trimis la nchisoare pe

o perioad de 3 ani.

8. Grevitii au fost acuzai de pichetare ilegal a sediului companiei i

amendai.

..
9. Fiecare stat din USA are propriile prevederi legale, dei se pot observa
numeroase elemente comune.

..
10. Gravitatea infraciunii are o mare influen asupra perioadei de
detenie executat 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 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.
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.

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. Intenia fptuitorului este foarte important atunci cnd se face
ncadrarea juridic a faptei comise de acesta.

2. Cnd cauzezi cuiva prejudicii n mod direct trebuie s rspunzi

n faa legii.

3. Elementele constitutive ale infraciunii sunt mereu luate n

considerare de ctre avocatul aprrii.

4. --Onorat curte, starea mental a acuzatului n momentul

comiterii crimei nu i-a permis acestuia s mai discearn ntre
bine i ru.

5. Intenia atacatorului a fost doar de a-i 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.
7

The distinction as to degree is frequently by statute so that all persons

participating in a crime are principals.
(b) Accessories. Accessories to a crime are also divided into two classes,
accessories before the fact and accessories after the fact. An accessory before
the fact differs from a principal in the second degree only by reason of this
absence from the scene of the fact. An accessory after the fact is a person who
knowingly assists one who has committed a felony. Thus, a person is an
accessory after the fact if, after the commission of the crime and with intent to
assist a felon, he gives warning to prevent arrest or shelters or aids an escape
from imprisonment.
EXERCISE 7. Find in the text above the English equivalents for: a
avertiza; complice; comiterea unei infraciuni; evadare din nchisoare; a sta de
paz; a aciona n complicitate; fptuitor principal; a comite o infrac iune; a
mpiedica arestarea; a ajuta un infractor; a oferi adpost.

EXERCISE 8. Translate into English:

1. Onorai jurai, nu exist probe care s demonstreze prezena
clientului meu la locul faptei.

2. Cei care ofer adpost unui infractor sunt pasibili de pedeaps

cu nchisoarea.

3. Acuzatul este fptuitorul principal al acestei infraciuni.

4. Pe motiv c a evadat din nchisoare, inculpatul va executa n

plus fa de sentina actual i restul de pedeaps de la
condamnarea anterioar.

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.
(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 irresistibleimpulse 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
10

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

his conduct to the requirements of the law.
(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 corporations 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.

11

2. ..
?
After the age of fourteen.
3. ..
?
No, it cant. It cannot be presumed from the mere commission of an
act.
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 cant. A corporation cannot be prosecuted for perjury.
9. ..
?
Violating the federal antitrust law.
10...
?
When it failed to install appropriate safety equipment.

12

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.
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.

13

EXERCISE 11. Complete the following texts with words derived from the
words in capitals:
ROBBERY. At common law robbery was the (LAW). taking of
personal property of any value from the (POSSESS). or from
the (PRESENT). of another by means of force or by putting the
possessor in fear. It differed from larceny (PRIMARY) in the
necessity of the use of force or fear, so that a pickpocket whose act of stealing
was (KNOW).. to his victim committed larceny but not
robbery.
In most states there are special (PENALISE). for various
forms of aggravated robbery, such as robbery by use a (DEATH)
weapon.
BURGLARY. At common law burglary was the breaking and entering in the
nighttime of the dwelling house of another, with the (INTEND) to
commit a felony. While one often thinks of a burglary as stealing property, any
felony would satisfy the (DEFINE).. The offence was aimed
primarily at protecting the (INHABIT). and thus illustrates
the social objective of (PROTECT) the person, in this case the
person living or dwelling in the building.
Modern statutes have eliminated many of the (REQUIRE)
of the common-law definition so that it is (MATERIAL)..
when or where is an (ENTER). to commit a felony, and the
elements of breaking and entering are frequently omitted. Under some statutes
the offence is aggravated and the penalty is increased in terms of the place
where the offence is committed, such as a bank building, freight car, or
warehouse. Related (STATUTE). offences have also been
created, such as the crime of possessing burglars tools.

14

EXERCISE 12. In each line of the following text identify one unnecessary word.
A number of 6 lines are correct:
ARSON. At the common law arson was the willful and malicious burning
of the dwelling-house of another one. As such, it was designed to protect
human life, although the defendant was guilty if there was a burning even
though no one was in actually hurt. In most states, arson is felony so that
if someone is killed in the resulting fire, the offence is murder by
application of the felony-murder rule, under which a homicide, however is
unintended, occurring in the commission of a felony is automatically
classified as murder.
In virtually each every state a special offence of burning to defraud
insurers has been created by statute, such burning which not constituting
arson when the defendant burns his proper own house to collect on his fire
insurance, since the definition of arson required that the dwelling house be
that of another person. In many states it is now arson to burn any one
building owned by another, even though it is not a dwelling.
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.

15

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
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?
16

..
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 c nu tia c bunurile sunt furate.
.
.
2. Avocatul acuzrii a replicat c acest lucru nu conteaz.
.
.
3. Judectorul l-a condamnat pe inculpat la trei ani de nchisoare.
.
.
4. Inculpatul a fcut recurs, dar nu a obinut ctig de cauz.
.
.
5. Motivul din care a fost ncarcerat este c a comis infraciuni
repetate.
................................................................................................
EXERCISE 15. Complete the following text with the right form of the verb:

17

EMBEZZLEMENT. Embezzlement (be) the fraudulent conversion

of property of money owned by another by a person to whom it has been
(entrust).., as in the case of an employee. It is a statutory crime
designed to cover the case of unlawful takings that (be).. not larceny
because the wrongdoer (not take) the property from the
possession of another, and which were not robbery because there was neither a
taking nor the use of force or fear.
It is immaterial whether the defendant (receive). the
money or property from the victim or from a third person. Thus, an agent
(commit). embezzlement when he (receive)
and (keep) payments from third persons which he (remit)
.. to his principal, even though the agent is entitled to
retain part of such payments as his commissions.
Today every jurisdiction (have) not only a general
embezzlement statute but also various statutes applicable to particular situations,
such as embezzlement by trustees, employees and government officials.
Generally the fact that the defendant (intend). to return
the property or money which he (embezzle).., or (do)..
in fact do so, is no defence. However, as a practical matter an embezzler
returning what he (take) will ordinarily not be prosecuted
because the owner (not desire).. to testify against him.
EXERCISE 16. Translate into English the words and phrases that appear
in Romanian in the following texts:
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 (neltorie).,
such as using bad (cecuri).
18

FALSE WEIGHT, MEASURES AND LABELS. Cheating, defrauding or

misleading the public by the use of false, improper, or inadequate (greuti)
., measures and labels is a (infraciune)... Numerous
federal and state (reglementri).. have been adopted on this subject.
SWINDLES AND CONFIDENCE GAMES. The act of a person who,
intending (s nele sau s 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.
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
Years 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

19

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?
.
EXERCISE 18. Translate into English:
1. Falsificatorul a plasat banii fali unui intermediar care s-i pun n
circulaie.

.
2. Acuzatul s-a fcut vinovat de punere n circulaie a unei sume
considerabile de valut fals.

20

3. Srbtorile constituie un moment oportun pentru plasarea pe pia a

bancnotelor i monedelor false din cauza tranzaciilor comerciale intense
din aceast perioad.

..
4. Falsificatorul a fost condamnat la civa ani de nchisoare, dar pedeapsa
a fost suspendat.

..
5. Cum se pot recunoate bancnotele false sau contrafcute ?

EXERCISE 19. Select the most appropriate word to complete the blanks in the
following text :
USE OF MAILS TO DEFRAUD. Congress has (1). it a crime to use
the mails to further any scheme or artifice to defraud. To constitute the offence,
(2) must be (a) a contemplated or organized scheme or artifice to
defraud or to obtain money or property by false pretences, and (b) the mailing or
the causing of (3) to mail a letter, writing or pamphlet for the
purpose of executing or attempting to execute (4) scheme or
artifice. Illustrations of schemes or artifices that (5).. within the
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

2. A. there

B. it

C. subjected

C. he

D. established

D. she
21

3. A. other

B. another

4. A. such

B. so

C. them

C. same

5. A. comeB. arrive
6. A. sold
7. A. pension
8. A. legal

B. acquire
B. policy
B. law

D. all

C. stay
C. buy

D. peoples
D. include
D. sell

C. indemnity

C. government

D. money
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:
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?
22

........................................................
.
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 anothers
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 owners
name on credit card invoice, such an act is a forgery. In most states a special
statute makes it a crime to fraudulently use a credit card. In such a case, the
(PROSECUTE). attorney may choose either to prosecute the
defendant for (VIOLATE). of the forgery statute or the
special credit card statute.
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]

23

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.

..
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 fcut vinovat de infraciunea de defimare a unei
persoane publice.
.
2. Se discut dac pamfletul i satira ar trebui s fie considerate
ca fiind calomnie.
.
24

3. Reclamantul a deschis un process de calomnie mpotriva

adversarului su politic.
.
.
4. Calomnia nu a putut fi dovedit n instan.
.
.
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.
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:

25

In recent months there has been a growing 13

among

the general public that crime

in this country is on the increase. 14

newspaper

headlines imply that somebody is

being murdered around every corner, but the 15
simply doesnt add up. The
truth is that crimes such as 16

have declined

considerably in the last year,

suggesting that contrary to public opinion, the nation is not as
17

as some appear

to believe, and not everybody is living next door to a violent

18

There has been some fairly 19

In a 20

DRAMA

EVIDENT

BURGLE

MORAL

MUG

action by the police. DECIDE

move last year, they initiated a policy of

getting tough on persistent young

offenders, and they have had a 21

amount of success

in this area. Moreover, the

22

PERCEIVE

CONTROVERSY

SIGNIFY

of more policemen on the streets has almost

certainly kept crime levels low.

APPEAR

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
26

Present Tense Simple

S+ V((e)s)
Affirmative- Negative
I
work
I
do
not
(dont)
You
work
You
do
not
(dont)
He/she/it
works
He/she/it
does
not
(doesnt)
We
work
We
do
not
(dont)
You
work
You
do
not
(dont)
They work They do not (dont) work

work
work
work
work
work

Interrogative
Do
I
work?
Do
Do
you
work?
Do
Does he/she/it work? Do they work?

we
you

work?
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.
They are working
Negative
I
am
not
You
are
not
He/she/it
is
not
We
are
not
You
are
not
They are not (arent) working.

(arent)
(isnt)
(arent)
(arent)

working.
working.
working.
working.
working.

27

Interrogative
Am
I
working?
Are
Are
you
working?
Are
Is he/she/it working? Are they working?

we
you

working?
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)
Affirmative
I/ you/ he/ she/ it/ we/ they worked/ spoke
Negative
I/you/he/she/it/we/they did not (didnt) work/ speak
Interrogative
Did I/you/he/she/it/we/they work/ speak?
Past Tense Simple expresses a definite past action or state, with no connection
to the present. It is usually translated by the Romanian perfect compus.
E.g. Yesterday I went for a walk.
(Ieri am mers la plimbare.)
Last year I travelled to England.
(Anul trecut am calatorit in Anglia.)
Past Tense Continuous
S+was/were Ving
Affirmative
I was working
You were working
He/she/it was working
We were working
They were working
Negative
I was not (wasnt) working
We were not (werent) working

28

You were not working

He/she/it was not working
They were not working
Interrogative
Was
I
working?
Were
we
working?
Were
you
working?
Were
you
working?
Was he/she/it working? Were they working?
It expresses an action in full progress in the past.It is usually translated by
the Romanian imperfect.
E.g.
This
time
yesterday,
I
was
watching
TV.
(Ieri
pe
vremea
asta
priveam
la
televizor.)
It is possible verbs in the past simple and past continuous to encounter in the
same sentence:
E.g. While I was crossing the street, I met John.
It is also possible to find two verbs in the past continuous in the same
sentence:
E.g. While John was reading, his sister was watching TV.
(In timp ce John citea, sora lui privea la televizor.)
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 (havent) worked.
He/she/it has not (hasnt) 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 havent seen John for two months.
(Nu l-am vazut pe John de doua luni.)
I havent 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.)

29

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 saptamna aceasta.)
It may express a past action which has present consequences:
E.g. Have you seen Hamlet?
(Ai vzut Hamlet?)
I have lost my umbrella. I must buy a new one.
(Mi-am pierdut umbrela. Trebuie s-mi cumpr una nou.)
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 vreodat n Anglia?)
No, I have never been to England.
Yes, I have often been to England.
He hasnt returned home yet. (El nu s-a ntors nc acas.)
I havent seen him lately. (Nu l-am vzut n ultimul timp.)
The Romanian translation is either prezent, or perfect compus, according
to the context.
Present Perfect Continuous
S+have/ has been Ving
Affirmative
I have been working
We have been working
You have been working
He/she/it has been working
They have been working
Negative
I have not (havent) been working.
He has not (hasnt) been working.
Interrogative
Have I been working?
Has he been working?

30

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 c am muncit toat ziua.)
It has been raining for three hours. If it doesnt stop soon, we shall have
floods.
(Plou de trei ore. Dac nu se oprete n curnd, vom avea inundaii.)
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 (hadnt) 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 oclock I had had breakfast.
(Ieri la ora 9 luasem micul dejun.)
When you rang me up, I had finished writing my homework.
(Cnd 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 Continuous
S+had+Ving
Affirmative
I had been working.
Negative
I had not (hadnt) 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.
(Cnd el a intrat n camer, ea btea la main de o or.)
After John had been watching TV for 10 minutes, he got bored.
(Dup ce John privise (a privit) la televizor 10 minute, s-a plictisit.)
31

He said it had been raining for three days.

(El a spus c 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+V
Affirmative
I (shall) will go
We (shall) will go
You will go
He/she/it will go
They will go
Negative
I (shall) will not go
We (shall) will not go
You will not go
He/she/it will not go
They will not go
The contracted forms : shall not" - shant, and will not" - wont.
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.
(l voi ntlni sptmna viitoare.)
Future Continuous
S+shall/will+be+Ving
Affirmative
I
(shall)
will
be
going.
You
will
be
going.
He/she/it
will
be
going.
We
(shall)
will
be
going.
You
will
be
going.
They will be going.
Negative
I
(shall)
will
not
be
going.
You
will
not
be
going.
He/she/it
will
not
be
going.
We
(shall)
will
not
be
going.
You
will
not
be
going.
They will not be going.
Interogativ
Shall I be going?
Shall we be going?

32

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 oclock, I will be travelling
(Mine la ora trei voi cltori spre Anglia.)

to

England.

Future Perfect Simple

S+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 oclock tomorrow, I will have reached Predeal.
(Mine pna la ora trei voi fi ajuns la Predeal.)
Future Perfect Continuous
S+shall/will +have +been +Ving
I
(shall)
will
have
been
going.
When you come home, I will have been studying for three hours.
Cnd vei veni tu acas, 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
Present Simple + future tense adverb, expressing a fixed, officially
scheduled action:
E.g. I leave for London tomorrow.
(Plec/voi pleca la Londra mine.)

Present Continuous + future tense adverb , expressing a personal

arrangement :

33

E.g. I am meeting John this morning.

(l ntlnesc/il voi ntlni pe John n dimineaa aceasta.)

to be going to" + infinitive, to express intention and/or probability:

E.g. I am going to read this book.
(Voi
citi/am
It is going to rain.

de

gnd

citesc

aceast

carte.)

(Probabil va ploua).

LIST OF IRREGULAR VERBS

34

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

to catch

caught

caught

to choose

chose

chosen

35

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

to feel

felt

felt

to fight

fought

fought

36

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

to hold

held

held

to hurt

hurt

hurt

37

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

to mow

mowed

mown

to meet

met

met

38

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

to shine

shone

shone

to shoot

shot

shot

39

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

to stand

stood

stood

to stea1

stole

stolen

40

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

41

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 ...4
PARTIES 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
ROBBERY 11
BULGLARY .11
ARSON .12
RECEIVING STOLEN GOODS 12
EMBEZZLEMENT .14
OBSTAINING GOODS BY FALSE PRETENCES .14
FALSE WEIGHT, MEASURES AND LABELS ..15

42

SWINDLES AND CONFIDENCE GAMES .15

COUNTERFEIT MONEY ..15
USE OF MAILS TO DEFRAUD 17
LOTTERIES 18
FORGERY ...19
CRIMINAL LIBEL .20
RIOTS AND CIVIL DISORDERS 21
GRAMMAR HIGHLIGHTS. Formation of tenses in English 22
Present Simple ..22
Present Simple Continuous .22
Past Simple ...23
Past Continuous ...24
Present Perfect Simple .25
Present Perfect Continuous .27
Past Perfect Simple ..27
Past Perfect Continuous ..28
Future Simple ...29
Future Continuous ...30
Future Perfect Simple ..31
Future Perfect Continuous ..31
Other means of expressing future ..31
Irregular verbs .33

43