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

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 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.
Standard = to standardize
Confinement = to confine
Treason = to betray
Robbery = to rob
Offence = to offend
Origin = to originate
Law = to legalize

EXERCISE 2. Derive adjectives from the following adverbs: naturally;

inherently; merely.
Naturally = natural
Inherently = inherent
Merely = mere
EXERCISE 3. Find the English equivalents for the following Romanian
words and phrases in the texts above:
a declara război; = to levying war
infracțiune majoră; = felony
delict; = offence
conducere neglijentă; = reckless driving
nociv; = vicious
încălcare a legii; = misconduct
tulburarea liniștii publice; = disturbing the peace
a cântări;= to weight
a consta din; = to consist in/of
gravitatea faptei. = seriousness of offence
EXERCISE 4. Complete the following sentences using the information
provided in the previous text:

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 1. According to their origin, crimes are common-law and statutory.
2. Even if each state has its own criminal law, a general pattern
among the states may be observed.
3. If anyone conspires to aid the enemies of the U.S., he is guilty of
treason.
4. Arson, homicide and robbery are classified as felonies.
5. Generally, reckless driving is a misdemeanour.
6. Crimes which are inherently vicious are called crimes mala in se.
7. Those criminal acts which are only declared wrong by some statute
are crimes mala prohibita.

EXERCISE 5. Translate into English:

1. Deoarece a conspirat cu teroriștii, a fost găsit vinovat de înaltă
trădare.
As/ Since/ Because he had conspired with/ had adhered to the terrorists, he was
found guilty of treason.
2. A fost pedepsit cu închisoarea deoarece s-a făcut vinovat de
incendierea acelei școli.
He was confined in prison/ sentenced to jail/ incarcerated because he had been
guilty of the arson of that school/ burning down that school/ setting fire to that school. 
3.Măsluirea greutăților la cântar se pedepsește cu o amendă usturătoare.
Weighing goods with scales that have not been inspected/ Weighing goods with
falsified scales/ weights/ Rigging the weights of scales is punishable by a hefty fine.
4. A fost trimis în fața instanței pentru tulburarea liniștii și ordinii
publice.
He was sent to court for disturbing the peace. 
5. Imprudența la volan se consideră delict minor, iar conducătorul auto
este de regulă amendat și penalizat cu trei puncte.
Reckless driving is considered a misdemeanor, and the driver is usually fined and
penalized/ sanctioned by 3 points. 

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 6. Inculpatul a fost pur și simplu achitat din cauza unui viciu de
procedură.
The defendant/ the accused/ the culprit was merely acquitted because of/ due to a
procedural flaw/ mistrial/ clerical error/ technicality/ prosecutorial misconduct. 
7. Infracțiunea gravă de care s-a făcut vinovat l-a trimis la închisoare pe
o perioadă de 3 ani.
The felony (that) he was guilty of/ The felony of which he was guilty sent him to
jail/ put him in prison for 3 years. 
8. Greviștii au fost acuzați de pichetare ilegală a sediului companiei și
amendați.
The strikers have been/ were accused of the illegal picketing of the company's
offices/ headquarters and fined. 
9. Fiecare stat din USA are propriile prevederi legale, deși se pot observa
numeroase elemente comune.
Each U.S. state has its own legal statutes/ provisions/ regulations, although
numerous/ many common elements may be observed.
10. Gravitatea infracțiunii are o mare influență asupra perioadei de
detenție executată de acuzat.
The seriousness of offence has a great influence on the jail time/ term/ sentence
served by the defendant.  

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

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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?

In general, a crime consists of the following elements: an act or
omission and a mental state.
2. Does mental state require an awareness or knowledge of guilt?
Mental state does not require an awareness or knowledge of guilt.
3. How does a homicide become murder?
A homicide becomes murder when it is with malice aforethought
to constitute murder.
4. How many types of assault are there?
There are three types: assault with intent to kill, ordinary assault
and assault with intent to rob.
5. How are these types of assault differentiated?
These types of assault are differentiated by the existence of a
specific intent.

EXERCISE 6. Translate into English:

1. Intenția făptuitorului este foarte importantă atunci când se face
încadrarea juridică a faptei comise de acesta.

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 The perpetrator's intent is very important when the legal classification of
the crime he has committed is made/ carried out/ when the seriousness of the
offence he has committed is assessed.
2. Când cauzezi cuiva prejudicii în mod direct trebuie să răspunzi
în fața legii.
When you cause direct harm to somebody you have to be held
accountable/ liable to the law. 

3. Elementele constitutive ale infracțiunii sunt mereu luate în

considerare de către avocatul apărării.
The constitutive elements of the crime are always taken into account/
consideration by the defense counsel/ attorney/ lawyer. 
4. --Onorată curte, starea mentală a acuzatului în momentul
comiterii crimei nu i-a permis acestuia să mai discearnă între
bine și rău.
"Your Honour, the defendant's mental state while committing the
murder didn't allow him to distinguish/differentiate/ discern between
right and wrong/ good and evil". 
5. Intenția atacatorului a fost doar de a-și jefui victima, nu de a o
ucide.
The attacker's intent was just to rob, not to kill his victim.

 EXERCISE 7. Translate the following questions :

1. Cine a comis aceasta fapta reprobabila?
Who has committed this criminal act/ crime/ offence? 
2. Cat de grav este delictul comis de acuzat ?
How serious is the offence/ crime committed by the defendant/
accused? 
3. Pentru cati ani va fi trimis la inchisoare ?
How many years is he going to serve in prison? 

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 4. Ce intentioneaza sa adopte avocatul apararii ca strategie la
proces ?
What strategy is the defense counsel going to adopt at the trial? 
5. Acuzatul este constient de vinovatia sa ?
Is the accused/ defendant aware of his guilt? 

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
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:

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a avertiza; = to give warn
complice; = accessory
comiterea unei infracțiuni; = perpetuation of a crime
evadare din închisoare; = escape from imprisonment
a sta de pază;= to keep watch
a acționa în complicitate; = to aid and abet
făptuitor principal; = principal
a comite o infracțiune; = to commit a crime
a împiedica arestarea; = to prevent arrest
a ajuta un infractor; = to assist a felon
a oferi adăpost.= to shelter

EXERCISE 8. Translate into English:

1. Onorați jurați, nu există probe care să demonstreze prezența
clientului meu la locul faptei. 
Ladies and gentlemen of the jury/ Honored jury/jurors, there
is no evidence/ there isn't any evidence to prove my client's presence at
the scene of the fact/ crime. 
2. Cei care oferă adăpost unui infractor sunt pasibili de pedeapsă
cu închisoarea.
Those who give shelter to a felon/ The people who shelter a felon are
liable to imprisonment/ are punishable by imprisonment/ may be sent
to prison. 
3. Acuzatul este făptuitorul principal al acestei infracțiuni.
The defendant is the principal in/of this crime. 
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.
By reason of escaping from imprisonment/ As he has escaped from
imprisonment, the defendant is going to/ shall also serve the remaining
time from the previous conviction in addition to the present sentence.

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 5.  Spargatorul a fost ajutat de un complice si de aceea a disparut
atat de repede de la locul faptei.
The burglar had been assisted by an accessory, and that is why he
disappeared/ vanished so fast from the scene of the fact. 
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.
The defendant raised the defense that he didn't know that the friend to
whom he had given shelter had just committed an assault resulting in
the death of the victim. 
7. Desi era susceptibil de a primi o amenda substantiala, avocatul
sau a incercat sa-i obtina achitarea.
Even though/ Even if/ Although he was liable to get/ to be awarded a
hefty fine, his lawyer tried to get him acquitted/ to secure his acquittal. 

8. Se stie ca si intentia de a ajuta un infractor se pedepseste

conform legii.
It is known that/ It is common knowledge that the intent to assist a
felon is also punishable by statute. 
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.
Although he hadn't actually participated in the commission of the
robbery, he kept watch outside the bank/ in front of the bank and
warned his mates of the imminent arrival of the police . 

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

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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”.

(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.

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 (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. Which categories of persons are not fully responsible for their
criminal acts?
Minors, insane or intoxicated persons and corporations.
2. When is a minor presumed to have capacity of committing a
crime?
After the age of fourteen.
3. Can the existence of capacity be presumed from the mere
commission of the act?
No, it can’t. It cannot be presumed from the mere commission of an
act.
4. What tests are used to decide sanity in court?

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 The right and wrong test and the irresistible impulse test.
5. When is the irresistible-impulse test not applied?
If the mental instability is not caused by disease.
6. How many types of intoxication are there?
Voluntary and involuntary.
7. What crimes cannot be commited by corporations?
Crimes only punishable by imprisonment and corporal punishment.
8. Can a corporation be prosecuted for perjury?
No, it can’t. A corporation cannot be prosecuted for perjury.
9. What may a corporation be fined for?
Violating the federal antitrust law.
10.When may a corporation be fined for criminal manslaughter?
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) fraudulent taking and carrying

away by any person of the personal property of another, with a fraudulent intent
to deprive the owner (2) of his property. The place from which the property is
taken is generally (3) immaterial, 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) common from of larceny.
At common law a defendant taking (5) property 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) joyride is guilty of larceny, theft, or

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some other statutory offence. Statutes in many states (7) penalize as larceny by
trick the use of any device or fraud by which the (8) wrongdoer obtains the
possession of, or title to, personal property from the true owner. In some states
all (9) forms 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) subject of larceny has
been expanded. For example, the theft of computer programs (11) constitutes
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) prosecution
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) unlawful taking of
personal property of any value from the (POSSESS) possession or from the
(PRESENT)presents of another by means of force or by putting the possessor in
fear. It differed from larceny (PRIMARY)primarily in the necessity of the use
of force or fear, so that a pickpocket whose act of stealing was
(KNOW)unknown to his victim committed larceny but not robbery.
In most states there are special (PENALISE)penalties. for various forms
of aggravated robbery, such as robbery by use a (DEATH)deadly weapon.

BURGLARY. At common law burglary was the breaking and entering in the
nighttime of the dwelling house of another, with the (INTEND)intent to commit
a felony. While one often thinks of a burglary as stealing property, any felony
would satisfy the (DEFINE)definition The offence was aimed primarily at
protecting the (INHABIT)inhabitants and thus illustrates the social objective of

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(PROTECT)protecting the person, in this case the person living or dwelling in
the building.
Modern statutes have eliminated many of the (REQUIRE)requirements
of the common-law definition so that it is (MATERIAL)immaterial when or
where is an (ENTER)enterer 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)statutory offences have also been created, such as the crime of
possessing burglar’s tools.

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

EXERCISE. Translate into English:

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 1. Hotul a patruns in casa dupa caderea noptii si a sustras bunurile cele
mai valoroase.
The thief broke into the house in the nighttime, and took/stole the most
valuable property/goods. 
2. Patrunderea prin efractie se pedepseste cu inchisoarea.
Breaking and entering is punishable by imprisonment/ confinement in prison. 

3. Deposedarea unei persoane de bunurile personale sub amenintarea

fortei constituie jaf cu circumstante agravante.
Depriving a person of personal property by means of force constitutes
aggravated robbery. 
4. Furtul a fost comis prin inselaciune si atrage o pedeapsa de cel putin
un an de inchisoare.
The larceny was committed by trick/ deception and carries/ imposes/ is
subjected to a penalty of at least a year in prison/ a year's imprisonment. 
5. Pedepsele variaza considerabil in functie de incadrarea juridica a
faptei.
Penalties vary considerably in terms of/ depending on/ according to the legal
classification of the act. 
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.

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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?
The crime in question consists of receiving stolen goods. 
2. What should the intention of the perpetrator be?
The intention of the perpetrator should be to retain possession of the stolen
goods/to deprive the owner of his property. 
3. Did Scaggs know that the property was stolen?
No, he didn't at first.
4. What was he prosecuted for?
He was prosecuted for receiving stolen goods. 
5. Was Scaggs not guilty?
…Yes, he was. …
6. What was the main reason for Scaggs’ prosecution?
The main reason for Scaggs' prosecution was that he retained possession of the
goods after learning they were stolen. 
 
.

EXERCISE 14. Translate into English:

1. Inculpatul a pretins că nu știa că bunurile sunt furate.
The defendant claimed (that) he didn't know (that) the goods were stolen. 
2. Avocatul acuzării a replicat că acest lucru nu contează.
The prosecutor replied (that) it was immaterial/ it didn't matter..
3. Judecătorul l-a condamnat pe inculpat la trei ani de închisoare.
The judge sentenced the defendant to three years' imprisonment. 
4. Inculpatul a făcut recurs, dar nu a obținut câștig de cauză.

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 The defendant appealed, but he didn't win/ the appeal was unsuccessful/ he
didn't get relief. 
5. Motivul din care a fost încarcerat este că a comis infracțiuni
repetate.
The reason why he was imprisoned is that he had committed repeat offences. 

EXERCISE 15. Complete the following text with the right form of the verb:
EMBEZZLEMENT. Embezzlement (be)…is… the fraudulent conversion of
property of money owned by another by a person to whom it has been (entrust)
entrusted.., as in the case of an employee. It is a statutory crime designed to
cover the case of unlawful takings that (be) were.. not larceny because the
wrongdoer (not take) didn’t 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)…receives. the money or
property from the victim or from a third person. Thus, an agent (commit)…
commits embezzlement when he (receive) receives and (keep)…keeps
payments from third persons which he (remit) remits . to his principal, even
though the agent is entitled to retain part of such payments as his commissions.
Today every jurisdiction (have) has 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)…intends. to return the
property or money which he (embezzle) has embezzled, or (do) does.. in fact do
so, is no defence. However, as a practical matter an embezzler returning what he
(take) has taken\ took will ordinarily not be prosecuted because the owner (not
desire) doesn’t desire. to testify against him.

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 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) money or property/
goods by means of false pretences. These statutes vary in detail and scope.
Sometimes the statutes are directed against particular forms of (înșelătorie)false
preferences, such as using bad (cecuri)… cheques/ checks

FALSE WEIGHT, MEASURES AND LABELS. Cheating, defrauding or

misleading the public by the use of false, improper, or inadequate
(greutăți)weights., measures and labels is a (infracțiune)…crime... Numerous
federal and state (reglementări) provisions/ regulations have been adopted on
this subject.

SWINDLES AND CONFIDENCE GAMES. The act of a person who,

intending (să înșele sau să fraudeze)… to cheat or defraud 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)…
coins……. are frequently employed in swindling operations directed toward the
man engaged in (afaceri)…business.

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 Year’s Eve, it was a good time to pass them. Ballinger thereafter spent

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 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?
……………………………………………………………………………………………….

EXERCISE 18. Translate into English:

1. Falsificatorul a plasat banii falși unui intermediar care să-i pună în
circulație.
…………………………………………………………………………………………
………………………………………………………………………………………….

20
 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
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

21
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:
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?
………………………………………………………………………….............

22
 4. Are government lotteries legal in many states?
……………………………………………………..........................................
5. Does sending a chain letter through the mail usually constitute a
federal offence?
………………………………………….........................................................
6. Do such letters usually solicit payments for fraudulent purposes?
…………………………………………….....................................................

EXERCISE 21. Complete the following text with words derived from the
ones in capitals:
FORGERY. Forgery consists of the (FRAUD)…………………. making or
material altering of an instrument, such as a check, which (APPEAR)
…………… creates or changes a legal (LIABLE)………………. of another.
The instrument must have some apparent legal efficacy to contribute forgery.
(ORDINARY)…………………. forgery consists of signing another’s
name with intent to defraud. It may also consist of making an entire instrument
or altering an existing one. It may result from signing a (FICTION)…………….
name or the (OFFENCE)……………… own name with the intent to defraud.
When the (OWN)…………………… of a credit card signs the owner’s
name on credit card invoice, such an act is a forgery. In most states a special
statute makes it a crime to fraudulently use a credit card. In such a case, the
(PROSECUTE)……………………. attorney may choose either to prosecute the
defendant for (VIOLATE)……………………. of the forgery statute or the
special credit card statute.
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

23
 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.
………………………………………………………………………………………
……………………………………………………………………………………………..
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.
……………………………………………………………………………….

24
 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.
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
PERCEIVE
the general public that crime

in this country is on the increase. 14  newspaper

DRAMA
headlines imply that somebody is

being murdered around every corner, but the 15 

EVIDENT
simply doesn’t add up. The

truth is that crimes such as 16  have declined

BURGLE
considerably in the last year,

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

MORAL
17  as some appear

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

MUG
18  .

There has been some fairly 19  action by the police. DECIDE

In a 20  move last year, they initiated a policy of

CONTROVERSY
getting tough on persistent young

offenders, and they have had a 21  amount of success

SIGNIFY
in this area. Moreover, the

22  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 (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.

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.

27
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)
Affirmative
I/ you/ he/ she/ it/ we/ they worked/ spoke
Negative
I/you/he/she/it/we/they did not (didn’t) work/ speak
Interrogative
Did I/you/he/she/it/we/they work/ speak?
Past Tense Simple expresses a definite past action or state, with no connection
to the present. It is usually translated by the Romanian ”perfect compus”.
E.g. Yesterday I went for a walk.
(Ieri am mers la plimbare.)
Last year I travelled to England.
(Anul trecut am calatorit in Anglia.)
Past Tense Continuous
S+was/were Ving
Affirmative
I was working
You were working
He/she/it was working
We were working
They were working
Negative
I was not (wasn’t) working
We were not (weren’t) 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 (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.

(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.)

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 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 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 (haven’t) been working.
He has not (hasn’t) 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 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 Continuous

S+had+Ving
Affirmative
I had been working.
Negative
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.)

31
    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+V
Affirmative
I (shall) will go
We (shall) will go
You will go
He/she/it will go
They will go
Negative
I (shall) will not go
We (shall) will not go
You will not go
He/she/it will not go
They will not go
The contracted forms : „shall not" - shan’t, and „will not" - won’t.
Interrogative
Shall I go?
Shall we go?
Will you go?
Will he/she/it/ go?
Will they go?
N.B. The first person interrogative only uses „shall".
It shows a future action and it is translated with the Romanian ”viitor simplu:
E.g. I (shall) will meet him next week.
    (Îl voi întâlni săptămâna viitoare.)
Future Continuous
S+shall/will+be+Ving
Affirmative
I (shall) will be going.
You will be going.
He/she/it will be going.
We (shall) will be going.
You will be going.
They will be going.
Negative
I (shall) will not be going.
You will not be going.
He/she/it will not be going.
We (shall) will not be going.
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 o’clock, I will be travelling to England.
    (Mâine la ora trei voi călători spre Anglia.)

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 o’clock tomorrow, I will have reached Predeal.
    (Mâine pâna 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.
    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
 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 :

33
 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).

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