Studia Universitatis Moldaviae. Stiinte Sociale

03-11

Authors: Sergiu BRÎNZA

This article is dedicated to the legal-penal analysis of the offences against the military patrimony, referred to at art.379-381 PC RM. There are examined the constituent elements (the object, objective side, subjective side and the subject), as well as the circumstantial aggravating elements of the offences in question. Additionally, there are recom¬mended delimitation criteria with regard to the relation between the offences specified in art.379-381 PC RM and the related penal or non-penal acts. Among the novelty attributes brought to the table by this study, it is worth mentioning the reviewing of the identification procedure of the original forms and the aggravated forms of the offences specified in art.379 PC RM. As a result of this analysis, it is concluded that due to their specific character, the offences against the military patrimony don’t possess a victim. It is also established that the offences under art.379-381 PC RM are committed by means of action (and) or inaction. It is shown then that, most often, offences against the military patrimony have a material makeup. Only in the case of the offence specified in par.(1) art.381 PC RM, we can track signs of both material and formal offences. It is revealed that wartime is a compulsory secondary sign of the objective side with regard to the offences under lett. a) par.(3) art.379, lett. a) par.(2) art.380, lett.a) par.(2) and lett.a) par.(4) art.381 PC RM. Additionally, it is established that the environment of the offence (namely – the combat conditions) form the compulsory secondary sign of the objective side with regard to the offences under lett.b) par.(3) art.379, lett.b) par.(2) art.380, lett.b) par.(2) and lett.b) par.(4) art.381 PC RM. It is demonstrated that the offence specified in art.380 PC RM is committed under circumstances manifesting recklessness. In some cases, the offender manifests intention or recklessness with regard to the prejudicial act and only recklessness in relation to the prejudicial consequences (for example, in the case of the offences under par.(1) art.381 (if the equipment issued to the offender for personal use was lost or damaged, as a result of not following the maintenance regulations) and par.(3) art.381 PC RM). In other cases, the offences against the military patrimony are committed with intention. Finally but not least important, it is revealed that the subject of the offences against the military patrimony is the accountable natural person who at the time of the offence reached the age of 18 and has the special quality of military representative.

26-32

Authors: Dumitru BULIGA

In this study, it is elucidate inter alia, that life of human being acquires a new approach in medical sciences, therefore, regarding the temporal aspect, life of human being begins before birth and ceases with death. Thus, it becomes current and appropriate a new legal approach on the limits within which human life will be protected by criminal law. In con¬sequence, it reveals synthesized the most important aspects regarding life of human being, its existential and temporal limits, criminal defense of life of human being by current criminal regulations of Republic of Moldova, as well as, the criminal defense’s opportunity of unborn life of human being. In this article, we briefly expose the most relevant aspects related to the person’s life in the context of the object of crime. The object of this study contains: person’s life as a unique social value, primary or secondary protection by the criminal law, the right to life as an element of social relationships regarding person’s life and restrictions on the right to life. The scope is to identify new development horizons of the criminal sciences, related to the criminal defense of the life of human being.

39-46

Authors: Sergiu CRIJANOVSCHI

The main purpose of this scientific article consists in solving of some disputable aspects which are linked to the analysis of cyber crimes from the criminal law perspective. By means of this message there have been elucidated some questions which didn’t found the relevant solution before the research, as well as there have been formulated some proposals for reform in order to improve criminal legislation in force. In order to obtain this purpose the author has analyzed the domain of the Substantive Criminal law and cybernetics, as well as has performed the comparative research of the criminal law provisions from the Republic of Moldova and Romania, on the one side, and international acts in the cybernetics, on the other. There have been formulated several definitions suitable for cyber crimes. The author has clarified the nature of some cybernetic terms, they being adapted to the juridical reality.

58-66

Authors: Vladislav MANEA

The basic purpose of this scientific article consists in the detailed analysis of some scientific points of view; research of criminal legislation in force of the Republic of Moldova, as well as formulation of relevant solutions in the matter of criminal’s concealment. The reasearch is fulfilled by the comparative analysis of the Republic of Moldova and Romania in this domain. At the same time, there are put into the evidence the most disputable aspects of the criminal consealment such as: consealment in the case of plurality of subjects; concealment of an appropriate person who is not a family member of the offender and so on. In orderto obtain exhaustive answers the author has performed a multidimensional approach of the criminal conceal¬ment. First of all, he has demnstrated several legislativwe deficiencies of the moldavian Criminal law, there have been consultated the most important literature from Romania, there have been accepted several important conclusions from the judicial practice of Romania, there have been examined some criminal cases from the judicial practice of the Supreme court of Justice and Cassation of Romania, which conclusions are considered to be relevant to Moldova.

74-85

Authors: Ghenadie PAVLIUC

Within the study brought to your attention are mentioned the following important facts with regard to the prejudicial act of the offence specified in par.(1) art.349 PC RM: the threat referred to at par.(1) art.349 PC RM cannot be expressed through the process of energetic influence on the victim's body, which requires the contact between the victim's body, on the one hand, and all the animate and inanimate forces applied by the offender, on the other hand; with regard to par.(1) art.349 and art.155 PC RM there is a relationship of competition between one special and one general norm (within the meaning of art.116 PC RM), and not a competition between a part and a whole as you would think (within the meaning of art.118 PC RM); art.155 PC RM can be applied together with art.349 PC RM only in those situations where the threat of murder or of serious battery or health harm is intended not only for the victims mentioned at art.349 PC RM, but also for those persons who do not possess the special qualities of the victims in question; with regard to the offence under par.(1) art.349 PC RM, the juxtaposition of the actual perpetration of the offence and the victims’ work activity and civic duty is obligatory etc.

90-97

Authors: Vitalie STATI

The object of this study is formed by the modifications and additions operated to the Penal Code by Law No.60/2016. The content of the respective initiatives addresses the following elements: the legal person as the subject of the offence; special confiscation; money laundering; terrorist act; terrorism financing; abuse of power or abuse of office. Within the analysis phase, there are examined the draft project of the Law No.60/2016, the explanatory note to this project and other such preparatory documents. It is also made reference to the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism, adopted at Warsaw on 16.05.2005 and to the explanatory report to the convention. The purpose of this study is to establish the positive and negative effects of the adoption of the modifications and additions operated to the Penal Code by Law no.60/2016. As a result of the performed investigation, it is concluded that not all the amendments induced by that law pertains to preventing and combating money laundering and terrorism financing. As well as not all these amendments can assure the harmonization of national penal legislation with the standards set by the European Court of Human Rights. Some of them are questionable in terms of their technical legislative quality and/or their contribution to increase the defense of the rule of law. The overall impression is that the main purpose of the adoption of the Law No.60/2016 was anything but the concern for the social interest.

102-108

Authors: Daniela URSU

This study is dedicated to identification of the rationalities of the Moldovan legislator to criminalise the title of nomen juris the facts of torture, inhuman or degrading treatment in Chapter III of the Special Part of the Criminal Code - "Crimes against freedom, honor and dignity". This concern is dictated particularly by differences that impose a particular side of location in the Chapter, between the current incriminatory model and the matters which operated until the intervention to the Law of the Republic of Moldova for amending and supplementing some legislative acts, nr. 252 of 08.11 .2012, thereby returning to the previous concept of categorization of torture namely that established in criminal law in the editorial office from 1961. Thanks to the comparative analysis of criminal regulations of the Republic of Moldova and other states concerning liability for torture, inhuman or degrading treatment on the one hand, and combining ECHR case law on the matter, on the other hand, it was illustrated the legal and social nature of these prejudicial facts, from which could detach explanations which were at the basis of legislative reshufflings interposed by the Moldovan Law for amending and supplementing some legislative acts, nr.252 of 11/08/2012.

117-123

Authors: Dumitriţa BOLOGAN

This article examines the latest approaches, developments and innovations in the application of the leniency policy. Therefore, the following aspects are analyzed and illustrated: the introduction of a one stop shop, criminal penalties, marker system, human rights considerations, and confidentiality of information, plea agreement and private actions for damages, compensation and collective claim. Although at the European Union level certain deficiencies were detected in the practice of the policy, leniency has proved its efficiency over the years of implementation.

128-133

Authors: Vlada CALMÎC

Worldwide development of distance sales are based on scientific and technical progress, maturation of the market economy, prosperity of consumerism, and last but not least changes in the methods and procedures of distance com¬mu¬nication and delivery of goods. However, the development of this institution in Moldova is not productive and consistent, scholars, practitioners, and until recently the legislature did not pay proper attention the distance sale contract, which is currently the most effective and progressive way of achieving goals of society and individual needs.

138-145

Authors: Petru VÎRLAN, Natalia CHIBAC

Today we see that auctioning is very common in more and more fields, especially in the business environment is very dynamic and requires a permanent development and trazacţii making the most efficient and more profitable conditions. This stock has a fairly long history of development and along during which this institution has evolved today increasingly having numerous ways and rules in this regard.

151-158

Authors: Ana GONŢA

In the Republic of Moldova, the media pluralism is a new research subject. At the European level, the topic is largely discussed during at least the last two decades. The last years have been especially relevant in terms of measuring the media pluralism. The phenomenon of the media pluralism has passed through several phases in its way to conceptualization, approach, definition, and, more recently, measurement. However, the subject is not consumed, and there is no compromise regarding the notion of media pluralism.

169-175

Authors: Liliana RUSU

The article is based on the analysis of several scientific papers signed by Patrick Champagne, Pippa Noris, Camelia Beciu, Paul Dobrescu, Rémy Rieffel, etc. The approach of the concept of public opinion allows the author to formulate the definition of online public opinion and described the three basic stages of its formation and expression: information to citizens via certain forms of new media, realization of public deliberations in digital public space and the process of online public consultation. Also, was mentioned the role of opinion leaders in the process of disseminating information to the public in the online environment and the importance of new technologies for the establishment of direct and transparent dialogue between political leaders and citizens.

181-188

Authors: Cristina MORARI

European integration process is a complex process and is realized through its external and internal dimensions. External dimension implies EU factor and EU conditionality. Internal dimension consists of europeanization, democra¬ti¬zation and modernization. In this article the author analyze the realization of external and internal dimensions in the European integration process of the Republic of Moldova.

03-08

Authors: Georgeta STEPANOV

The identification process of framework development in social journalism from Republic of Moldova is important by determining the functions and the role of social journalism in the context of local media. Furthermore, this gives research opportunities current potential of print media who reflect the social issues and its development trends, which allows the implementation of some media strategies, which has goal to optimize the impact and effects of social journalism in Moldovan society.

13-17

Authors: Natalia EREMIA, Svetlana CEBOTARI

This article contains some important reflections on the current issue because energy is a fundamental strategic sector on which depends the evolution of the national economy as a whole and at the same time the security of the Republic of Moldova. Currently, the Republic of Moldova cannot fully ensure its energy security, because it is mostly dependent on imports. This is the reality in the country’s energy sector, admitting the inevitable geopolitical situation and the indis¬pu¬table legacy that are on the ground of this reality. Authorities are forced to look for new solutions, such as: diversifica¬tion of imported sources and energy interconnection with other systems; attraction of investments; de-monopolize and liberalize the energy sector. All of these achievements will create a sustainable platform, which will contribute to making a new step in the development of the Republic of Moldova, characterized by an efficient control of energy consumption and by an efficient integration into the network of small-scale sources of generation, distributed. The Republic of Moldova must regain control over its own energy industries, particularly in the one of natural gas and electricity, which is a strategic branch for any country.

29-36

Authors: Timur LUCHIN, Cristina EJOV

In this article authors comprehensively analyze the internal factors and the geopolitical aspects of the Arab Spring. This phenomenon has seen the removal of numerous political regimes in its way, and it has had great impact on the political situation and democratic governance in the Arab world in particular, and the world in general. We highlight zone of interests, systems of alliance and regional geopolitical flashpoints in general, and the role of the U.S. as “prima player” in the region in particular. The Arab Spring led to regime change and democratic reforms, but, at the same time, its “furious power” has set fire to the civil war, social unrest and prolonged political crises.

46-63

Authors: Sergiu BRÎNZA

In this study it is revealed that the absence or presence of the cupidity purpose is the criterion that allows the delimitation of the offence of hooliganism (which involves the illegal and gratuitous taking of foreign goods because of hooligan motives) from the offences referred to at art.186-188, 190-192 PC RM. It is also concluded that the offence referred to at art.287 PC RM always implies situations with public implications. But only in some cases the offence actually is committed in public places. It is argued that the deliberate murder, as well as the intentional grave or ordinary battery or health harm may represent the violence that is applied because of the gross violation of public order. In this case, the classification must be made under art.145, 151 or 152 PC RM and art.354 "Average hooliganism" of the Contravention Code. At this level, the application of penal liability under art.145, 151 or 152 and art.287 PC RM is not permissible.

74-76

Authors: Anatolie BĂNĂRESCU

This research tends to make an analysis of the enforcement principles which are the guiding normative bases that characterize the content and the purpose of enforcement, which must be respected and which the subjects involved in the process of enforcement must take into account.

81-89

Authors: Veaceslav BOTNARI

Provisional remedies in civil lawsuits consists from a number of procedural measures with the purpose of safeguarding the effective enforceability of a judgment if the plaintiff’s claims are recognised eventually. Different interim measures offers protection against different unlawful action of a plaintiff, that’s why there is very important to set the proper interim measure for the specific case.

95-108

Authors: Nicolae CORCEA

The purpose of this scientific research consists in the identification of necessity of the victims of the family violence legal protection in the realm of Criminal law. In order to obtain clear results regarding the victim of the family violence, the author has submitted to a profound analysis the Directives of the Council of Europe and other international normative acts, as well as the internal legislation of the Republic of Moldova and Romania. The author has demonstrated the necessity of prevention of the increased risk of the secondary and repeated victimization of the family violence victims, as well as the highest risk of intimidation and revenge associated to such violence. With the intention of achievement of the basic purpose the author has performed a detailed analysis of the international documents in the sphere of struggle and prevention of the violent acts in family; elucidation of the term “family member”; examination of the protective measures implemented on the European level and of the related problems which can be met in the process of their solving at the international level; research of the national normative acts of the Republic of Moldova, taking into consideration the legislative experience of Romania. In order to improve the legal normative basis in Criminal law there were proposed new scientific concepts and legislative proposals to reform.

116-120

Authors: Anastasia GÎRLEA

This article refers to the delimitation between the crime of false denunciation and untruth statement, false conclusions or incorrect translation from other similar crimes. The author analyzes the connection between the crimes of false denun¬cia¬¬tion (art. 311 CC of RM) and crime of untruth statement, false conclusion and incorrect translation (art. 312 CC of RM), crime of deliberately untruth communication about the terrorist act (art. 281 CC of RM) and the crime of evidence falsification in the criminal proceedings (art. 310, par.(2) CC of RM). Also, the author refers to the connection between the crime of false denunciation and crime of untruth statement, false conclusion and incorrect translation in relation with the crime of refusal or evasion of the witness or injured party of make statement and the crime of evasion of the expert to make conclusions, evasion of interpreter or translator to make interpretation or to translate (art.314 CC of RM). The connection between crimes is analyzed based on the similarities and the differences among them. These aspects refer to legal object, the act (action or omission), other signs of the objective side, type of corpus delicti according to the result of the crime (result crime), moment when the crime is considered consumed, motive and purpose of the crime.

129-143

Authors: Ruslan POPOV

Among the scientists who helped develop the theoretical concept with regard to solving the problem concerning the subject of the offences set out at Chapters XV and XVI of the Special Part of the Penal Code are the following names: S.Brinza, V.Cusnir, D.-L. Melinte, V.Moraru, I.Nastas, V.Stati, C.Timofei, I.Turcan (Republic of Moldova); I.Brad, C.Duvac, A.O. Sabau-Pop (Romania); N.V. Bugaevskaia, V.A. Volkolupova, V.A Lobarev, M.N. Haciaturian, S.S. Cerebedov (Russian Federation); V.P. Kovalenko, R.L. Maximovici, T.Slutka (Ukraine). The works of these authors form the theoretical basis of our investigation. This study aims to complement previous research conducted in the field, highlighting some of the trends and new issues specific to the current stage of development of social relationships.

148-152

Authors: Jacob RUB

Money laundering is a leading factor in white-collar criminality, with a big effect upon Gross National Product of the Israeli and Moldova economies. Israel and Moldova have made the first steps In order to cope with money laundering phenomenon. The model of handling the phenomenon in the USA has been studied that constitutes a role model of fighting money laundering. The vast majority (77%) of all frauds were committed by individuals working in one of six departments: accounting, operations, sales, executive/upper management, customer service and purchasing. In Moldova, money laundering for the most part is connected to traditional forms and activities sources of illegal proceeds .Moldova is a transit country for money laundering. A money-laundering scandal is casting Moldova’s judiciary in an unfavorable light and is raising concerns about the government’s commitment to reforms needed to keep European Union integration on track. It is a need to address corruption as a national priority, and the priority of the relations between the EU and Moldova. The money laundering scandal indicates that Moldova is reluctant to wade deeply into judicial reform. In fact, the laundered of $20 billion, is an amount more than twice the size of Moldova’s GDP in 2013, and may be that it is just the tip of the iceberg, probably. White-collar criminality in Israel and Moldova means success of coping of the enforcement and judicial systems. In order to cope with this phenomenon, Israel makes its first steps. Anyway, the message must pave the way through a creation of a new model for dealing with reduction the isolated phenomenon of money laundering in both states.

157-168

Authors: Irina SELEVESTRU

In this study are analyzed the characteristics of the subject of the offences set forth in art.191 PC RM. Concerning this matter is stated that it is perfectly justified to establish the minimum age of 16 years for the penal liability of the subject to these offences. There have been also identified the six conditions that must be met by the manager in order to be considered the subject of the offences specified at art.191 PC RM. It is demonstrated that the Governor of NBM cannot comprise the quality of subject of the offence as provided by par.(21) art.191 PC RM. Instead, he may attract the quality of subject of the offences referred to at par.(1), (2), (3)-(5) art.191 PC RM. It is argued that, under par.(21) art.191 PC RM, the manager of the bank is the natural person who is not necessarily managing a bank as a legal entity. The important part is something else: the bank’s manager must be vested by law or status to assume obligations, either alone or with others, in the name and on behalf of the bank. In the absence of this condition, we cannot talk about a bank manager as referred to at par.(21) art.191 PC RM.

184-188

Authors: Mihai ŞTEFĂNOAIA

This article seeks, by the method of comparative law to provide better solutions, specific, relevant to the legislative process in the interpretation of the offence of human trafficking. The object of this research was formed by the following topics: the concept and nature of human trafficking; the recruitment, reception, shelter, harbor, transportation, transfer or acceptance of persons in order to exploit them; the factors contributing to the development of human trafficking; the problems ahead of preventing and combating human trafficking; the international legal instruments to prevent and combat trafficking in human beings etc. As research support of the analysis was the penal legislation of different countries, with special attention given to the following articles: art.165 „Human trafficking”, art.206 „Trafficking of children” the Penal Code of the Republic of Moldova; art.210 „Human trafficking”, art.211 „Trafficking of Minors” the Penal Code of Romania from 2009; par.1 art.1 of the Law of Saudi Arabia from 2009 on combating human trafficking; par.(1) art.1 of the Law of Ghana from 2005 on combating human trafficking; art.2 of the Law of Mauritius from 2009 on combating human trafficking; Article 3 of the Protocol to the UN Convention from 15.11.2000: the recruitment, transportation, transfer, harbor and reception of the victim; the Convention of the European Council from 03.05.2005 on fighting against human trafficking etc.

195-197

Authors: Iulia BĂNĂRESCU

This paper is an analytical analysis of the correlation between the will and agreement on an alive person. Referring to the purpose of enacting legal we mention that the will is a legal document free of charge, because the testator disposes of his assets without seeking order to gain any patrimonial advantage from testamentary heir, while the conclusion of such contracts both sides seek to obtain patrimonial benefits.

206-210

Authors: Oleg POALELUNGI, Parascovia POALELUNGI

Despite of the fact that the legal framework is in line with the European Union law, harmonization process should be continuous to face constant changes that are generated by vital evolution. In this context, the opportunity to take as reference points some successes in drafting normative-legal acts seen in neighboring states connects the Moldovan legislation to a perfect legal regime. In this context, we will undertake certain measures related to Article 10 of the Law of the Republic of Belarus no.361-3 of 01.10.2000 that refers to the domain of legal power of normative-legal acts from this country. Also, here we will summarize the components that characterize the legal power of normative-legal act and theoretical problems that have persisted in this domain, as well as the remedies. From the beginning, it is proposed the definition of legal power of normative-legal act phenomenon, prepared by the author in the thesis, in the same context being described the definition proposed by Byelorussian legislature. It is described the role of the legal provisions related to the judicial power. In the context of legal power of the normative-legal act is widely explained the mandatory issue of the legal act. There are recalled some moments of conflict of norms and normative-legal acts priority, legislative inflation and legal events. Finally, the author concludes the paper with conclusions form its own view on the topic addressed.

03-09

Authors: Anastasia OCERETNÎI

One of the sources of data for qualitative researchers is the transcript, which is less theorized in the literature. The information contained in the transcript influences further analysis, is therefore required special attention to the system of notation and the types of behaviors transcribed. In the article are presented the differences between taking notes and transcribing the conversation, with a particular emphasis on the types of notes and transcript that can be used in social research.

17-13

Authors: Georgeta STEPANOV

Defining journalism as a social activity in Moldova requires an overview, on multi-faceted and transdisciplinary approach which will identify premises of occurrence historical and social context in which it was stated and to combine the major features and to gather most of the characteristics and peculiarities of its – Which is very important thing in the context of shaping a new model of journalism – social journalism.

29-34

Authors: Mihail CREŢU

This article is a reflection of the ways through which we better understand how the representation and participation of migrants in the world of media (traditional and new) looks or may look. Next, I set myself the goal to present the multitude of media available and their different roles as elements in a complex and interconnected media world. Also, the article sets forth a number of models of opportunities towards the facilitation of participation, free speech and dialogue in the media by accepting the cultural diversity of global societies. Specific to any community when it comes to minorities, media are the institutions that must bring together the majorities and minorities as parts of the same community, to establish the connections and communication between various groups, to reflect on the opportunities and challenges to live in a diverse world as a whole, where anyone can be accepted as individual. This system of communication on many levels is imperative towards the development and existence of public acceptance and respect for individuals and minority groups, accepting them as members of communities and citizens with full rights.

41-59

Authors: Sergiu BRÎNZA

The analysis performed in this article covers the legal-penal characteristics of the offences specified in art.164 and 166 PC RM. It is argued that, with regard to the offence specified in art.164 PC RM, the physical constraint may result in: 1) intentional grave, ordinary or easy battery or health harm; 2) violence without any health harm. Further, it is shown that any of the types of weapons mentioned in Law on weapons and ammunition destined for civil usage can be applied as means of committing the offence referred to at lett.g) par.(2) art.164 PC RM. Or, the legislature did not set any limitation on the types of weapons that can be applied to for abduction. It only matters that the weapons could be used to annihilate a person. Finally but not least, with regard to the offences referred to at art.166 PC RM, it is revealed that, whilst the Republic of Moldova is confronting with the separatism phenomenon, the restriction of the person’s freedom is illegal also when is exercised by the unconstitutional authorities controlling the east of the country.

67-81

Authors: Mihaela BOTNARENCO

The purpose of this article is to analyze the object of the sexual harassment. Inter alia, the author defines the notions of sexual inviolability and sexual freedom as well as identifies the specific situations when these social values and related social relationships are protected by the criminal law. Moreover, the author makes a thorough analysis of the secondary legal object of this crime in connection with main and secondary acts included in the objective side of sexual harassment.

88-91

Authors: Anatolie BĂNĂRESCU

The investigation deals with the institution of enforcement which is a process, a consecutiveness of material acts and facts regulated by the positive law, headed for their transposition into objective reality of the device of the judicial decision capable of execution. The enforcement is the last phase of the civil process and one of the forms of civil action.

96-104

Authors: Igor CIOBANU, Narciza NEDELCU

This article produces clarity in the use of terms causality, causal link, the cause and effect of the causal link in the field of determinism of causality. Within the research of the objective side signs of the component of the offence, the penal law operates exclusively with the concept of causal link. In the relevant scientific literature it is also used the notion of causality, but without any obvious and clear delineation from the concept of causal link and frequently as it contextual synonym. Within the article it is concluded that for exclusive practical activity the use of the causal link concept is sufficient and fully justified. However, with regard to the empirical and theoretical study of penal law restricting the entire causality to solely the casual link is inadmissible: by analyzing these concepts it becomes clear that they do not coincide in content and as a result their importance is different as well. Next, it is determined that the correlation of the concepts of causality and causal link is reflected through subordination, which places causality in a hierarchical superior category. At the same time, the concept of causal link draws our attention to one of its internal processes, on the relationship between two elements – the cause and effect – which underlines the existence of the model consisting of three components: the cause – the causal link – the effect (the consequence).

110-115

Authors: Stanislav COPEŢCHI

Within the undertaken study is being investigated act of attracting minors in criminal activity, as an alternative prejudicial act provided for in art.208 PC RM. It is argued that attract minors in criminal activity must be delimited by instigation of minors to commit crimes, which does not always take place in the judicial practice.

127-132

Authors: Ludmila DUMNEANU, Mihai ŞTEFĂNOAIA

This article is dedicated to one of the most exciting topics within the doctrinal view of the world, namely human trafficking. The study aims to intervene with a general representation and analysis of the scientific research carried out on this theme, which were conducted by the following authors: С.Г. Кирие¬н¬ко; Б.У. Сейтхожин; М.Ю. Буряк; A. Vilks; Н.И. Ретнева; Л.Ю. Егорова; Jill E.B. Coster van Voorhout; T.Olujuwon; Д.А. Душко; A.Gutauskas. As research support of the scientific research carried out on this theme was the penal legislation of different countries. Within this analysis a special attention is given to the following articles: art.149 „Human trafficking and other illegal transactions related to transferring a human being” the Penal Code of Ukraine from 05.04.2001; art.133 „Trafficking of Minors” the Penal Code of Kazakhstan from 16.07.1997; art.181 „Human trafficking” the Penal Code of Belarus from 02.06.1999; art.152 „Trafficking of Minors” the Penal Code of the Russian Federation from 24.05.1996; art.147 „Human trafficking” the Penal Code of Lithuania from 26.09.2000; the Decision Framework of the Council of the European Union from 19.07.2002 to combat human trafficking; and other regulations related to the offence of human trafficking.

141-155

Authors: Vladislav MANEA

The basic purpose of this scientific article consists from the following elements: identification of the normative acts concerning using of the physical force, special means and fire-arms by the personnel of penitentiary institutions; analysis of the penitentiary legislation, as well as examination of several cases from the judicial practice and practice of criminal prosecution in the matter of abusive using of physical force and special means by the penitentiary personnel. The content of this article has an universal character being included not only analysis of some normative acts and several cases from judicial practice and practice of criminal prosecution, but also the useful conclusions, which are deemed to be promoted in the legal doctrine.

162-166

Authors: Svetlana PURICI

Presently the information protection issues relevance has increased particularly due to a sharp increase of the role and importance of information in the life of modern society as a whole and economics in particular. A new type of law infringement – cybercrime – has spread widely. It is worth to mention that the present European legislation on information is still at the development stage; for this reason much work should be accomplished to eliminate the shortcomings and defects. The legal protection of information provision depends on the type and character of the information carriers.

175-184

Authors: Victoria RAILEAN

In the realm of this scientific article the author has effectuated the comparative analysis of the legislative novelties concerning recidivism in theory and Romanian judicial practice. As a result of this study, there have been obtained useful conclusions for the modern legal science of the Substantive Criminal law of the Republic of Moldova. In order to achieve this purpose, the author has performed the analysis of the Romanian doctrine in the matter of recidivism as well as the synthesis of the Romanian judicial practice. Recidivism does not constitute the aggravated circumstance but the general cause of justifiable aggravation of the offender’s appreciation, because the last one had manifested an antisocial behavior by commission of a new criminal offence. Recidivism is considered to be a cause of personal aggravation and not real one, because it doesn’t depend of a legal circumstance of the act and conditions of its commission but of the perpetrator’s personality. Recidivism doesn’t possess a stable notion but a conventional one, which directly depends of the actual concept of the criminal code, judicial appreciation and penal doctrine.

189-193

Authors: Jacob RUB

In mine study I will deal with money laundering as a leading factor in white-collar criminality. The purpose of the present study and the guiding line in this article is to legislative upgrade of white-collar criminality fighting that might be of great importance as we intend to plan the policy of reduction of money Laundering criminality in Israel and Moldova. In order to deal with mine research subject I will express the lookout which I have conducted over a period three years and have included public sector tenders, with the CFE (Collection for the Environment) Recycling Corporation in Israel. It has been found white-collar criminals are usually conventional people who deal with rises or opportunity that leads them to transgress the border temporarily and perpetrate a crime, and it is likely that they would be affected strongly by the punishment process. Therefore the outcome of the study is to produce the necessary steps to reduce the phenomenon of money Laundering crime in Israel and the Republic of Moldova. In order to obtain this purposes and the author has performed some new steps to upgrade and supplement the Law with subjects as: Punishment Origin offences Entities obligated to report, Expanding of the duties of Money Laundering Prohibition Authority as a regulator and with authority to assign fines, etc. Those practical frameworks are necessary steps to reduce the phenomenon of Money Laundering in Israel and the Republic of Moldova by constitutional - legal standpoints.

200-204

Authors: Victor SÎRBU

In the realm of subjective side of the criminal offence (the element of Mens Rea) not only the item of culpability must be established, in such a manner the legislator explicitly or implicitly institutes also respecting of other substantial requirements which fulfillment is necessary for Mens Rea. A relevant example constitutes the criminal offence of hooli¬ganism. Despite the fact that the legislator has provided in the disposition of the article 287 CC RM the hooligan reasons as the internal causes of the criminal misconduct, they are flowing from the material element of the criminal misdeed, and logically the hooligan criminal reasons must constitute the object of proof in the realm of criminal proceeding. By contrast, in the practice of criminal prosecution as well as in judicial practice often the juridical reality is negated, more than it, the procedural acts of the legal professionals contains the indication that the act of hooliganism is committed without any motive. As a result, this scientific study which is based on theory and practice of hooliganism offences, the author tries to eliminate the stereotypic vision by means of a complex criminological, psychological and legal research. At the same time, there is proved that the hooligan criminal reasons by their nature are not compatible with other reasons which can provoke the criminal misconduct.

225-230

Authors: Artur TARLAPAN

This article aims to rally the traditional view on the object of the mortgage legal relationship to a scientific concept, based on the perception of the social nature of duties to which the property right is subjected, when other real rights, such as the mortgage right, are established.

03-15

Authors: Sergiu BRÎNZA

This article is dedicated to the legal-penal analysis of the offences against patrimony, committed in the absence of a special purpose. The offences mentioned above are included in art.193, 197 and 199 PC RM; there are examined the constituents (the object, objective side, subjective side and the subject), as well as the circumstantial aggravating elements of the offences in question. There are also proposed delimitation criteria of the offences specified at art.193, 197 and 199 PC RM from the ancillary penal or non-penal acts. The rules of qualification of the acts under these articles, including the methods of interpretation of art.193, 197 and 199 PC RM, aim to streamline the application of penal liability for the appropriate criminal acts.

20-24

Authors: Cosmin-Vasile AMBROSĂ

The new Romanian Penal Code is a very important step in Romanian criminal legislation. With its provisions, the Romanian legislator attempted to change the design, abandoning traditional solutions contained in the Criminal Code of 1968. The new definition of the offense, although it was wanted to be one innovative

30-38

Authors: Nicolae CORCEA

The purpose of this scientific research consists in the solving of doctrinaire controversies in the sphere of legal appreciation of the criminal offence of family violence in one of its special forms as sexual violence. Even if sexual violence is not provided expressly in the penal legal norm as the independent form of family violence, this one became extremely spread. The author submits to a profound analysis the gender violence against women and demonstrates the discriminatory character of the family violence against women in the modern society; examines the concept and forms of sexual violence; proves that sexual violence in the family constitutes a special form of the women and children sup¬pression; recommends legal appreciation of the criminal offence of the sexual violence in family.

55-60

Authors: Adriana EŞANU

This article is devoted to the concrete determination of the moment in which the abuse of power or abuse of service finishes with a contravention deed of Article 312 from Contravention Code, changing completely in a prejudicial deed which is charged in the criminal illicit sphere specifically in Article 327 Criminal Code. The stated objective raises many problems given the heterogeneous interpretation of the signs’ content which constitute demarcation criteria between called facts, which in turn have brought legal insecurity or the recipient and beneficiary of Criminal Law remains in an uncertainty over the application sphere of one of the laws: criminal or contravention. Beyond that, in this paper were solved some issues related to the operating reason in the context of situation use and to the harmful consequences resulting from this activity, the fact which allowed the author to dissociate the infringement referred to Article 327 Criminal Code the contravention with the same name enshrined in Article 312 Contravention Code.

69-73

Authors: Ludmila DUMNEANU, Vladimir GROSU

In this article we present the results of the research in comparative law, some aspects regarding safety measures: the concept and system of safety measures. We show that in most systems of law the safety measures are defined as simple cautions of social protection meant to avert the reccurence of a felon or to neutralize the dangerous estate. They can be distinguished from the punishments through their foundation, purpose and content. The basis of safety measures does not reside in the guilt of the felon, but in the estate of danger that he represents.

78-88

Authors: Lilia GÎRLA, Cristian ŞCHIOPU

The crime of infanticide (also known as: neonaticide, the assassination of a new-born child) reveals great importance, because it is considered to be a very old phenomenon which unfortunately is present nowadays especially in over¬populated countries that are suffering from poverty. To defend the mother that is murdering her new-born child in the following conditions from a way too harsh punishment, it was considered necessary to interleave a distinct criminal act of manslaughter different from the criminal offence of intentional murder. This crime was created due to the objective and subjective factors proving that the wrongdoing provided in article 147 from the Criminal code of the Republic Moldova, is offence of murder but with extenuating circumstances and with particular differences from the other crimes against the life and health of the human being. The authors of this study have offered a great number of opinions, legal provisions and law-suits, which finally induced to creation of extremely comprehensive penal doctrine concerning the crime of neonaticide. The authors of this article have offered the characteristics of each element of the crime and have offered certain examples to reveal the essence of this crime. Taking it in consideration the articles and monographic studies regarding infanticide, written by Lilia Gîrla in 2004-2005, we will be using the word of neonaticide which is also identical to inanticide. The authors of this research have also been exposed conclusions and explications meant to contribute to a better understanding of the theoretical and practical aspects concerning the assassination of a new-born. We consider this article as an impulse for the Legislator to introduce some modifications to article 147, so that it would not leave room for misunderstandings and to assure the uniform and right judgments if the crime is committed.

95-98

Authors: Diana LAZĂR

The international efficiency of the foreign arbitral awards has undergone on several development phases, which was due to the evolution of the arbitral institution. In result of these evolvements can be identified diverse characteristics of the procedure related to recognition and enforcement of the foreign arbitral awards within the system of the New York Convention of 1958.

107-110

Authors: Vlad NEDELCU

Structuring the individual behaviour in accordance with moral norms, legal regulations and restrictions, customs, religious dogmas, ideological positions we get the desired result without violating at the same time the established social order and without causing harm to others. The need to comply with the rules indicated is determined by the progressive development of public relations at all levels. The system of social relations becomes more complicated, requiring consistent regulation of the actions of its participants, in a way not to cause violations of the interests of other individuals and to create the necessary prerequisites for further progress. Thereby, social regulation, which is a process of systematization of public relations, is a prerequisite for normal existence and development of our society.

120-125

Authors: Svetlana PURICI

The interest of the “cybercrime investigations” is given not only by the results of the technical progress, but especially by the existent, normative ground in the internaţional and especially national laws in Republic of Moldova, such as: The Law on informatics, The Law on access to information etc., rules that have to be applied and that will have effect on our life, in particular in the stage of defending the rights in the judicial way – the moment where the importance and the influence of “cybercrime investigations” in the penal procedural law is remarked. Electronic form of the information submission promotes distinctly to a possibility of distant interception of the information without any visual transfer of material objects. There is a reciprocity between special investigative activities in the investigation of cyber crimes and criminal procedure , the role of special investigative activites is the direct contribution to proper conduct of criminal pro¬ceedings, by objective, impartial and multilateral research of punishable criminal acts, thus ensuring equitable application of justice.

141-148

Authors: Alina ŞAVGA

This study is devoted to analysis of research on the evolutionary interpretation of the law through the hermeneutics space in the Republic of Moldova and in Romania. The current status of the hermeneutical investigations in Moldova and Romania is due to the potential reluctance to explore a new area or too sophisticated, however, the futility of the proposed method. The interpretation of the law is approached as a process, in particular highlighting the authors methods and processes of interpretation, without extensively elucidated the nature, substance interpretation of the role and its significance to the doctrine and practice.

157-163

Authors: Dumitriţa BAEŞU

In the article are pointed out major conceptual aspects that are a added to issues on the ticket correlation of road transport of passengers electronic ticket and luggage in air transport. It is fundamental thesis that the electronic toll system in transport services is particularly important and necessary in the context of adjusting the national legislation to the European Union standards. Also in this case, is mentioned that reform is appropriate and inevitable, because one of the conditions required by the EU for Moldova's integration into the system is to harmonize transport legislation with European standards. Finally, as conclusion, electronic travel ticket purchasing has become more convenient, cheap and affordable.

171-175

Authors: Dumitru GHERASIM

The criminal procedure law plays an important role in the mechanism and system of insurance of a person’s invio¬lability, of attracting criminal liability only on the basis of legal grounds, respecting the rights of all participants in the court proceedings. It is also important to keep in mind that procedural guarantees are provided by law not only to release the criminal liability of persons guilty of crimes but also for the strict observance of the legitimate rights and interests of citizens with a certain procedural status finding themselves in a specific locus of the criminal trial, and especially in the field of examination of criminal cases in court. Yet it is necessary to specify – the basic purpose of the activity of criminal procedure is related to “prosecuting” persons who have committed certain criminal acts and to clarify their guilt in a trial ensuring all rights and guarantees needed for the realization of a proper act of hearing in the court investigation. To ensure the punishment of persons guilty of committing criminal acts, the criminal procedure law establishes a strict order of the court activity, especially in carrying out judicial investigation.

184-186

Authors: Valentina CEBOTARI

According to the legislation, parents are the legal representatives of their children and are obliged to act in their interest in relation with all of human persons and legal persons, including state authorities. UNO convention concerning rights of the child, dating 1989, in preamble highlights that family is a fundamental unit of the society and a natural environment for growing and welfare of all its members, especially of children. Studies in this field established that for full and harmonious development of the child personality he needs love and understanding in the family. Anywhere it is possible he should grow under care and responsibility of his parents, in a fondness, material and moral secured environment that will assure him a normal physical, spiritual, intellectual and social development in the way to become a personality. In case when parents do not execute their obligations or abuse of their rights, state bodies get involved and take the necessary measures for infant protection, depriving them of parental rights or limiting such one.

195-199

Authors: Igor COBAN

National legislation provided an appropriate legislative framework, and even established a special way of civil proceedings in order to examine the application of the measure of protection in cases of domestic violence. This fact and even of law seems to be one of the victim or the attitude of public authorities often prove to be ineffective. The subject of family violence seems to be a challenge not only for society but also for the judicial system, an idea that is required as a result of convictions in the ECHR. The reason that research in this study follow the legal nature of the institution cited as independently as elucidation of the specific procedural rules of civil procedure for examining the application of the measure of protection in cases of domestic violence.

210-218

Authors: George LAZĂR

The major scientific problem which has been analyzed in the realm of this scientific research is considered to be identification of the peculiarities of the principle non bis in idem in the process of criminal prosecution, extradition and criminal punishment of the persons who have committed crimes against humanity. In order to obtain a clear answer regarding this problem we have to be involved in the doctrinaire analysis of the criminal procedure theory of non bis in idem principle, as well as of some special scientific problems of its application in the cases of crimes against humanity.

3

Authors: Ludmila DUMNEANU, Mihai ŞTEFĂNOAIA

This article classifies the regulations on human trafficking offences in the legislation of Slovakia among the laws that incriminate the offence on human trafficking for sexual exploitation, together with the act on trafficking of female adults, assuming that the two offences involve different situations. The analysis of the norms that carry the liability for the offences on human trafficking in the Penal Law of Slovakia is referred to the differences with the provisions from art.210 and 211 PC Rom from 2009 and art.165 and 206 PC RM from 2002. Therefore, the subject of analysis is: the content and form of the main and adjacent acts of the prejudicial act; the forms of sanctions and liability of the offence; the differentiation of the purpose of the offence; the explanation of the concepts referred to in the Penal Code of Slovakia from 11.29.1961.

5

Authors: Nelly ŢURCAN, Mariana HARJEVSCHI, Natalia CHERADI

Article reflects the results of the study conducted within the Building Strong Library Association Project, implemented by the Librarians Association of Moldova (LAM) in partnership with the International Federation of Library Associations (IFLA) and with the support of Novateca Program in the Republic of Moldova. The study aimed to study the efficiency of LAM in terms of attitudes, visions of current and potential members of the professional association to strengthen institutional capacity building sustainable for professional association for librarians.

5

Authors: Stanislav COPEŢCHI

In the conducted study there are investigated the means and methods of influencing the victim of the offense specified in art.208 PC RM which is used by the offender to attract the minor to criminal activity, instigation to commit a crime or determine to commit immoral acts. It is concluded that in certain conditions, deception may be the method to influence the victim. It demonstrates that urge, and the giving of advice can not constitute such methods.

6

Authors: Aurelian LAVRIC

Sovereignty is the exclusive right to exercise supreme political and judicial authority of a nation, by the people chosen for this purpose, in a territory. The theme cost and benefits of yielding the sovereignty in the context of integration processes is topical for Moldova, which is in the process of European integration. Benefits arising from the yielding of a part of sovereignty, on the EU example, are the more welfare and the better safety in a common framework. Those for whom the safety and welfare are the supreme goals are now the most ardent promoters of the concept of a federal Europe. Is the sovereignty an acceptable cost compared to a benefit aimed at ensuring higher welfare and an enduring security? The evolution of post-war Europe shows that people tend receiving economic and security issues as important enough to justify the delegation of a significant part of their sovereignty to an interstate (or supranational) body. On the other hand, people tend to take a cost only when they feel directly related to it, either individually or by the community they identify with; people are not willing to accept costs from benefits or problems that concern only others.

6

Authors: Jacob RUB

The unique, primary characteristic of white-collar criminality is that the media does not report these crimes in full and in detail as they report about street crimes, as the amount of theft has to be high, the theft needs to be related to some scandal or the suspect has to be someone important. Most people also do not possess of the financial knowledge to understand these crimes. Additionally, white-collar criminality does not fit the stereotype of a real criminal despite the immense scope of the sums. In many cases, it is not possible to understand/identify the damage as it is divided by a large number of victims. The media solution can glorify events and design public attitudes main source of information about criminality for all the public. “The medium is the message”. Findings show that the bias in coverage, affects the 'perception' of risk by people. Creation of messages delivery is by creating a media agenda, public agenda, political agenda. White-collar offences must hold a key spot in the Israeli and Moldavian societies and their main expression is in the development of a culture that is defined as normative. The messages in the war against corruption must include a focused and targeted explanation like: “To the attention of foreign accounts owners”. This is one of the tools to assist in war against white - collar criminality. It is my claim that this tool will prove itself in campaigns when to turn its attention to white-collar crime, hoping that the current financial climate will change. Creation of a focused public awareness regarding the price each citizen pays, out of his own pocket, due to white-collar criminality by media campaign, will make possible to understand the damage as it is divided by a large number of victims, will contribute to reduction of white-collar criminality in the public sector. Another tool to fight against white collar crime is the informer. This is one of the tools to assist in locating white-collar criminality or the “justice line”. This tool has proved itself in various campaigns when citizens have reported instances of fraud and deceit, like in the UK .Using the help of opinion leaders like Michael Douglas the actor that had taken a part in campaigns. Operative actions are recommended to perform a campaigns pilot with 3 cities in each district in the state of Israel and Moldova for the duration of two years. Campaigns against corruptions have reached success in Chile, Hong Kong, New South Wales, Australia and Singapore.

7

Authors: Sergiu CRIJANOVSCHI, Alexandru ARHIP

The purpose of the present article constitutes the identification and analysis of the causes of discernment diminishing in the view of legal and psychiatric scientific literature of the West, as well as the synthesis of the most progressive ideas and solutions in the sphere of diminished responsibility. During the scientific investigation, the author had submitted to a detailed explanation the problem of diminished responsibility in the national penal doctrine and judicial practice in the penal matter.

7

Authors: Влад МАНЯ

The basic purpose of this article consists in the comprehensive analysis of the institution of forfeiture provided in the international legal documents. In order to achieve the traced purpose the author has submitted to a detailed explanation the most progressive aspects of the forfeiture of estate, there has been proved the necessity of the international prosecution of the estate obtained as a result of the criminal activity due to commission of the most serious crimes of international character. Finally, there was proved the necessity to adjust the national legislation of the Republic of Moldova to the international legal norms in the domain of forfeiture of estate.

8

Authors: Maria STRULEA, Dorina GUREV

Une recherche spéciale de la délinquance juvenile est la déviance de comportement des mineurs, un phénomène ayant des répercussions négatives tant pour la société et pour le destin ultérieur des mineurs. Ainsi, afin d'identifier des méthodes efficaces de lutte et de prévention de la délinquance juvénile est nécessaire d'examiner la question des comportements déviants des mineurs. Dans ce contexte, il convient d'analyser les signes et typologie des comportements déviants comme un outil pour identifier les mineurs qui ce trouvent parmi ceux qui ont un comportement deviant, avec la détermination des méthodes et des moyens de leur réhabilitation ultérieur.

8

Authors: Jacob RUB

This paper's subject stems from the desire and need to deal with the wide - spread and grave phenomenon of Dark of Crime offences by law offenders, from a constitutional-legal standpoint. Economic Crime in Moldova, as everywhere in former Soviet republics, has risen dramatically since the fall of the Soviet Union. There are about 300 criminal groups and 35 criminal families which control the economic, political and social per¬formance of the country. The monthly traffic of heroin alone is estimated at up to 150-200 kg, and the estimated number of drug addicts has risen from 3,000 to 60,000. Just in 1998, their number grew by 5 times in comparison to 1997. The annual volume of the drugs business in Moldova is estimated at $200-250 m, this figure exceeds annual direct foreign investment in Moldova by 3.5-4 times. Moldova has been transformed into a corrupt and kleptocratic state, with a mafiotic psychology and culture and an amoral nepotism. How else, if not through corruption and lobbyism. The problem of the non-payment of debts can be easily solved with criminal structures playing the role of informal courts, for 50% of the sum. Drug trafficking In addition, on the territory of Moldova there are four channels of drug trafficking. The legislation of Moldova does not even define the term “racket”, that no special measures are envisaged as regards crimes, and that there is no special system and measures adopted as regards the taxation of gambling for example. Certain legal provisions have become more constraining in Moldova. It is estimated that only 2-3% of the white-collar crimes are reported to the Israeli Police, because the handling of these offences is finalized inside the organizations and because crimes are sophisticated and hard to discover. Capital in Israel approaches the rate of 15% of the Gross Domestic Product. About the black capital – 40% of the Israeli public are involved in tax evasions, about 50 billion $ are in circulation in the black market. The damages of fraud criminality in Israel are at a rate of about 1 billion $ whereas the financial damage from scam offences is 24.1% of the total damage of about 3.5 billion $ and since 2001 the total damage of about 13.5 billion $. Israel and Moldova have made the first steps in order the need to cope with money laundering phenomenon. Thus, measures are required for both countries for the fighting with money laundering: Punishment by fine for perpetration in the Law is in order, to increase origin offences, report bar, entities obligated to report, concentrating entity of data pool expanding of the duties of Money Laundering Prohibition Authority as a regulator and with authority to assign fines, etc.

9

Authors: Svetlana CEBOTARI

The metamorphoses from the European space, the results from the collapse of the URSS, the NATO and UE to East, make the relations between the Russian Federations and the state from the south-east Europe to be present in the po¬¬litical Russian-Europian dialogue. To the part of south-east Europian states the attitude enough resered from the part of Russian Federation is conditioned from the not so far past, the undetermined future, and the suspicious of the neo-im¬perialist intentions of Russia. The democratic Revolutions from the South-East European states caused ra¬di¬cal trans¬for¬mations, so in the interior of the (area and the economic-commercial relations between Russia and south-east Eu¬ro¬pian countries, relations characterized and based on pragmatism. European states caused radical transformations, so in the interior of that (especially in Poland, the Czech Republic and Hungry). The present article analyses the geostrategic interests of the Russian Federation in South-East European area and the economic-commercial relations between Russia and south-east European countries, relations characterized and based on pragmatism.

11

Authors: Natalia SUCEVEANU

Protection of personal data more than ever constitutes a subject matter referred to the topicality in the context of law of the European Union. The judgment issued by the Court of Justice of the European Union (CJEU) on 8th of April 2014 in two joined cases (C-293/12 and C-594/12 Digital Rights Ireland Ltd v Minister of Communications, Marine and Natural Resources, Minister of Justice, Equality and Law Reform, Commissioner of the Garda Siochana, invalidated the Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks. Albeit the Court of Justice estimates that the retention of certain data which are generated or processed by providers of publicly available electronic communications services or of public communications networks can represent an useful tool against serious crimes, such as terrorism, it also establishes that, this data retention represents a wide-range and particularly serious interference into private life, which even justified, is one disproportionate. Following the Court's invalidation of the Directive 2006/24/EC, as result of the infringement of the principle of propor¬tio¬nality in the light of the articles 7, 8 and 52 para. 1 of the Charter, Commission and the new European Parliament will be bounded to write back the Directive. The Court’s decision from 8th of April is a landmark judgment for the human rights’ legislation. This decision is likely the most important judgment of the CJUE regarding human rights, in respect that is the first one, which invalidates a directive for the infringement of the human rights established in the Charter of Fundamental Rights of the European Union.

17

Authors: Vitalie STATI

This study provides a legal-penal analysis of the offenses referred to at art.257 and 258 PC RM. Among other things, it is argued that nor the certified technical responsible, or the specialized consultant cannot be the perpetrators of the offense under par.(1) art.257 PC RM. Eventually, the certified technical responsible and the specialized consultant may incorporate the quality of accomplices to the present offense. It is also concluded that, by lett.a) par.(3) art.257 PC RM, the degree of loss of the working capacity does not affect the classification of the offense. That can only count at deter¬mi¬ning the punishment. It is revealed that, by the offense specified at art.258 PC RM, the worsening of housing condi¬tions of other owners or tenants (other than the offender’s) is reflected in the fact that the safe indices on residence exploitation, persons hygiene and health, thermal or water isolation, protection against noise etc. do not meet the acceptable norms.

18

Authors: Vitalie STATI

This article is dedicated to the penal law analysis of offenses referred to at art.248 and 249 PC RM. Among other things, it is determined: 1) if the perpetrator manufactured and/or possesses the inauthentic statement – with the intention of it submission to the customs authority – we are in the presence of preparing of the one of the offenses referred to at par.(1)-(3) art.248 PC RM; 2) if the perpetrator manufactured and/or possesses the inauthentic statement, then hereinafter presents it to the customs authority – we are in the presence of any of the consumed offenses referred to at par.(1)-(3) art.248 PC RM. It is also revealed that the provision under let. d) par.(5) art.248 PC RM is complementary only with the provision under par.(1) art.248 PC RM. Concerning the case of the offenses specified at par.(2)-(4) art.248 PC RM – regardless of the number, quantity or proportions characterizing those entities – the liability will apply under one of those paragraphs. This interpretation emerges from the rule set at par.(2) art.3 PC RM, under which the broad disadvantaged interpretation of the penal law is forbidden. Another argument would be that, there are much to different (and, therefore, generating confusion) the criteria for determining the number, quantity or proportions of the various entities that form the material (immaterial) object of the offenses referred to at par.(2)-(4) art.248 PC RM.