Senior Associate SĂVESCU & ASSOCIATES, OC
Andreea Coman is a lawyer at the Bucharest Bar Association since the year of 2013.
Law degree: Faculty of Law, the University of Bucharest (since 2012).
In criminal law, to be able to find the „line of the game” you have to have a fast, linear, anticipated controlled rhythm. For every step. For every piece of the game.
– Since January of 2021 – until present: Of Counsel SĂVESCU & ASSOCIATES
– Since April of 2020 – until present: Senior Lawyer at ANDREEA COMAN LAW OFFiCE
– 2019-2020: Editor of the Romanian Journal of Data Protection
– March 2018 – March 2020: Associate Lawyer at SĂVESCU & ASSOCIATES
– September 2017 – January 2018: Associate lawyer at MAREȘ/ DANILESCU / MAREȘ & DAN LUPAȘCU;
– October 2016 – August 2017: Associate lawyer at M NDRILĂ‚ BONIU & ASOCIAȚII
– March 2015 – September 2016: Associate Lawyer at CHICIU ALEXANDRU FLORIN
– April 2014 – February 2015: Trainee lawyer, NEAMȚU & NEACȘU- ALDESCU
– 15.02.2013 – March 2014: Trainee Lawyer at CHICIU ALEXANDRU FLORIN
– October 2008 – June 2012: University of Bucharest, Faculty of Law, Bachelor’s degree (9,75 score)
– October 2019 – 2020: „Nicolae Titulescu” University of Bucharest, Faculty of Law, Master’s Degree – Criminal Sciences, dissertation in the discipline „Computer Crime” with the topic „Illegal access to a computer system”, Scientific coordinator: associate professor Maxim Dobrinoiu, Ph.D
– November 2012 – February 2013: Specialized practice in criminal law at CHICIU ALEXANDRU FLORIN
Attendance as a speaker in legal debates organized by the Society of Legal Sciences
– About the written conclusions; The view of the lawyer, the prosecutor, and the judge
– Conducting and using expert evaluation in criminal proceedings
– Violation of privacy – truth or provocation?
– Hearing offenses. Who, what, and how
– Is provisional arrest mandatory in the case of the European Arrest Warrant?
– Equality of arms prosecutor-lawyer in the prosecution phase
– How is guilt proven?
– Appeals in criminal matters. Analysis by articles
– The Golden Eye: ANAF
Attendance as a speaker at conferences
– LITIGATORS Conference, 2019
– Conference Benefits of ISO 37001 in the context of the fight against corruption, 2019
– Conference Women in Careers. How to survive gracefully among enemies, 2019
Effective Targeting and Campaigning Conference, 2018
– Data Protection Experts Conference, 2018
– National Tax and Accounting Conference, 2018
– Difficult Cyberlaw Issues Conference. Technical Protection and Legal Protection of Information Systems, 2018
Attendance as a trainer in the program „Civil party in criminal proceedings, contestation of the title of debt and other tax administrative acts”, 2018
Attendance at lessons/conferences
National conference Prevention and fight against money laundering. Impact of the new law on the liberal professions, Difficult issues of criminal law and criminal procedure. Correction of criminal codes by the Constitutional Court (2017), Difficult issues of criminal law and criminal procedure (2016), Special confiscation and extended confiscation, Corruption in business
– Employee activity under video surveillance; – the risk of fines;
– Ongoing written conclusions;
– The probative force of the expert report in criminal proceedings;
– Expert evaluation in criminal proceedings. Circulation value vs. conditions of sale;
– Is perjury a hearing offense?
– Provisional arrest with a view to the execution of the European Arrest Warrant;
– Restricting access to the file during criminal proceedings;
– Violation of privacy – a formally regulated offense;
– Standard of proof when it comes to guilt;
– Limiting the storage of personal data;
– Misleading the judicial authorities (Article 268 of the Criminal law Code);
– Failure to uphold the situation in one’s appeal sometimes means upholding an unlawful or unreasonable judgment;
– What prosecutors have understood from CCR Decision No 22/2018;
– On the allocation of cognitive resources;
– Guide to personal data protection for marketing companies, 2018 – lead co-author
– Personal data protection. Guide for accountants, 2018 – co-lead author;
– Personal data protection. Guide for HR, 2018 – co-lead author;
– Personal data protection guide for exchange offices, 2018 – co-lead author;
– Data protection guide for homeowners associations, 2018 – co-lead author;
– Data protection guide for pharmaceutical establishments, 2018 – co-lead author;
– Top 30 criminal convictions for accountants, 2019.
Published law essays – Pitesti Court of Appeal. Early Retirement Scheme – United Kingdom. Impediment to enforcement of sentence – Court of Appeal Craiova. Correction of material error in a non-public hearing and the absence of the prosecutor. Absolute nullity – Court of Appeal Craiova. Failure to respect the principle of establishing the truth and the presumption of guilt. Referral for retrial – Ploiesti Court of Appeal. Embezzlement – located on shell companies. Acquittal – Court of Appeal Brasov. Imminent expiry of the special limitation period for criminal liability – Ploiesti Court of Appeal. Money laundering. Acquittal – the fact does not exist – Bacău Court of Appeal. Minutes – content provided for the device. Reduction of the supervision period – Specialists from the civil party seconded to the public prosecutor’s office. CCR – rejection. Opinion of the Court of Cluj – Timisoara Court of Appeal. Lying testimony – reduced consequences for justice – Ploiesti Court of Appeal. Tax evasion vs. use of forgery. Non-fiscal obligation – Court of Appeal Cluj. Individualization of punishment. Disagreement in assessing the degree of danger;
-Ploiesti Court of Appeal. The judge is bound by the subject matter of the judgment. Additional/different charges to the facts in the indictment. Acquittal
– Constanta Court of Appeal. The illegality of acquittal. Refer the case for retrial
– Ploiesti Court of Appeal. Money laundering and tax evasion. Acquittal – facts do not exist
– Suceava Court of Appeal. Revocation of judicial supervision. The self-criticism of the authority exceeds the limit of the necessity of the measure imposed
– ICCJ-RIL. Preliminary Chamber. Sanction of exceeding the judicial term
Archiving of data not relating to the fact under investigation. CCR-rejection. Opinion of the Tribunal – CCR decision no. 419/2019. The provisions of the Law amending para. (2) of art. 6 of the Companies Act no. 31/1990 are constitutional – Appeal against the order for the commencement of proceedings. CCR-admission – ICCJ and CA Cluj. Partial return of the case to the prosecutor’s office and commencement of the trial – ICCJ; CCR referral admitted ref. art. 155 para. (1) Criminal Code. The phrase „the limitation period is interrupted by”. – ICCJ. Formal invocation by the prosecution of the case of appeal in cassation – Court of Appeal Cluj. Analysis of the impact of Decision CCR no. 297/2018. Appeal dismissed – ICCJ European arrest warrant. Impossibility of surrendering the requested person, even temporarily, during the period of postponement of surrender. – Craiova Court of Appeal. Extortion. Referral of the case for retrial – Târgu Mureș Court of Appeal. Abusive conduct. Reduction of moral damages – Possibility for the prosecution to ask for the assistance of specialists. CCR-rejection – Court of Appeal Alba Iulia. A plurality of offenses. Reduction of the increased penalty – Court of Appeal Oradea. Assault or other violence. Reduction of moral damages – COURT OF JUSTICE. Bodily injury by fault. Validity of the criminal record concerning the nature of the penalty – ICCJ. Remote tapping and transmission of environmental conversations. Dismissal of the appeal brought by the public prosecutor – ICCJ. Lack of appeal in the procedure for admissibility in the principle of the appeal for annulment – Bucharest Court of Appeal. Video recordings relating to private life vs. distribution/disclosure. Continuing offense – Constanta Court of Appeal. Active provocation by undercover investigators. Acquittal – COURT OF APPEAL. Media companies – an instrument to commit the crime of extortion. Acquittal – Non-hearing of the defendant when the preventive measure of judicial supervision was revoked. CCR-rejection – Military Tribunal Cluj-Napoca. Recording errors. Violation of secrecy of correspondence and privacy. Need to complete the criminal proceedings – ICCJ. Undercover investigators. Bribery and abuse of office – Inadmissibility of the dual role of the prosecutor. Unconstitutionality exception rejected – Resolution of the request for recusal during criminal proceedings. Appeal. The objection of unconstitutionality rejected – Waiver of prosecution. The objection of unconstitutionality was rejected. – COURT OF CASSATION. Enforcement of enforceable title. Acquittal – Qualified fraud, a single and complex offense. Unconstitutionality exception rejected – ICCJ-DCD rejection. Criminal attachment vs. charges and mortgages under Art. 857 para. (3) and (4) of the Code of Civil Procedure – Reduction of sentence limits after recovery of damage caused by tax evasion. The objection of unconstitutionality rejected – Abuse of rights. The objection of unconstitutionality rejected – COURT OF JUSTICE. Unlawful application of increased sentence – ICCJ. Incorrect calculation of the increased penalty. The appeal in cassation allowed – Provisions of the Highway Code declared unconstitutional – ÃŽCCJ. Impossibility of censoring the unlawful increase in the penalty imposed in the cassation appeal procedure. Separate opinion – Appeals against measures and acts of criminal prosecution. The objection of unconstitutionality was rejected. – COURT OF JUSTICE. Tax advice provided by the wife of an ANAF inspector – ICCJ. Special confiscation continues even in the case of acquittal – ÃŽCCJ. Favoring the perpetrator. Change of witness testimony – ICCJ. Trafficking in influence. Natural unity of offenses – ICCJ. Absolute nullity due to incompatibility of the judge. Separate opinion – ICCJ. Organized criminal group – ICCJ. The offense of money laundering. Lack of constituent elements – ICCJ. Illegal interception of a computer data transmission – ICCJ. Failure to fulfill civil obligations established by the judgment of conviction. Lack of bad faith – ICCJ. The claim of irregularity of the indictment. Insufficient description of the facts – ICCJ. Reduction of the amount of the financial correction established according to EO 66/2011 – Decision CCR No 102/2018.