Studia Universitatis Moldaviae. Stiinte Sociale

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.