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In this study we aimed to analyze guilt, in the form of negligence, that is governed in Romanian criminal laws in Article 16 paragraph (4) of the Criminal Code, as follows:"An offence is perpetrated in negligence when the offender:a) foresees the outcome of his actions but does not accept it, deeming that it is unlikely for it to occur; b) does not foresee the outcome of his actions, although he should and could have."This form of guilt applies in the case of all incriminations stipulated in the criminal law perpetrated in a negligent manner, while keeping in mind that, in accordance with Article 16 paragraph (6) of the Criminal Code "an offence committed in negligence amounts to a criminal offence when expressly provided by law". [ABSTRACT FROM AUTHOR]

Romania has taken some important steps towards consolidating democracy and embracing the rule of law. The 1991 Constitution and new legislation have settled the main features of judicial authority and proclaimed not only the independence, but also the principle of liability of the judges. The law generally does not allow for civil liability arising from judges' decisions. The only such provision is for cases in which a judge's ruling leads to an incorrect conviction which is subsequently enforced, in which case the Ministry of Finance pays damages, and may then sue the judge to recover the amount paid if it proves that the judge had acted in bad faith or with extreme negligence. The Romanian law does not explain these two abstract notions. But we will try to explain both the field of these notions, and their application in concreto. [ABSTRACT FROM AUTHOR]