Studia Universitatis Moldaviae. Stiinte Sociale

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.

3

Authors: Daniela SÂMBOTEANU, Diana CHEIANU-ANDREI

The article put into discussion an issue relevant to the effective protection of the rights of the child victim in the con¬text of increasing incidence of crimes against children during last years in the Republic of Moldova. In the article, the au¬thors high¬light the commitments made by the Moldovan authorities and measures taken to ensure a fair and acces¬si¬ble justice sys¬tem for child victims. An important element of the article are data of sociological research done by the au¬thors that con¬firm that most child victims do not have access to quality psychological services and preparation for par¬ti¬ci¬pation in legal pro¬ceedings is made spontaneously and is not a responsibility of the justice system.

3

Authors: Mihai ŞTEFĂNOAIA

This article classifies the regulations on human trafficking offences in the laws of Georgia, Ireland and the Republic of Palau among the laws that incriminate the act of trafficking of adults, together with the act of trafficking of minors (traf¬ficking of children). The juridical-comparative analysis of the norms that carry the liability for the offences on hu¬man trafficking in the Penal Laws of Georgia, Ireland and the Republic of Palau is referred to the differences with the pro¬¬visions from art.210 and 211 PC Rom from 2009 and art.165 and 206 PC RM from 2002. Therefore, the subject of analysis of the article is: the content and form of the main and adjacent acts of the prejudicial act; the form of sanctions and liability for the offence; the differentiation of the purpose of the offence; the differences between the notions from the Penal Code of Georgia from 22.07.1999, the Irish Law No.8 from 2008 on combating human trafficking and from the Law of the Republic of Palau from 2005 on trafficking of migrants and human trafficking.

4

Authors: Anastasia OCERETNÎI

This article presents a controversial theme for social domain, because of the takeover from natural sciences and the adap¬tation of measurement procedures to the social phenomena research. In the article the author highlights features of so¬cial measurement, based on the definitions of measurement offered by prominent researchers. At the same time, it is pre¬sented interdependence of measurement, operationalization and data analysis and processing; are identified and cha¬rac¬terized the components of social measurement and analyzed the levels of measurement. An important element of the article refers to the provided examples for each level of measurement.

4

Authors: Stela BOTNARU

The main purpose of the present study constitutes the analysis of diminished responsibility in the infanticide cases in ac¬cordance with the Criminal Code of the Republic of Moldova. During this scientific research several problems have been solved, especially, identification and examination of the legislative deficiencies regarding diminished res¬pon¬si¬bi¬li¬ty in the infanticide cases; explanation of the characteristic features of the mental and physical disorders caused by the act of child-birth; estimation of the diminished responsibility in the forensic conclusions and their legal effects; pro¬vi¬ding evidence for necessity of legal reform in the domain of diminished responsibility. As a result of performed study a new approach of diminished responsibility in specific crimes was created.

5

Authors: Artur TARLAPAN, Olesea PLOTNIC

The principle of publicity is a fundamental principle of real estate rights organization that has been formulated and im¬plemented to ensure the security and stability of civil legal relations. Consistent promotion of this principle has prac¬ti¬cal implications in the field of mortgage rights.

5

Authors: Mihai ŞTEFĂNOAIA

This article classifies the regulations on human trafficking offences in the laws of Hungary, Bosnia and Her¬ze¬go¬vi¬na, Ukraine and the Russian Federation among the laws that incriminate one single act – human trafficking. The ana¬ly¬sis of regulations on human trafficking offences in the legislations of Hungary, Bosnia and Herzegovina, Ukraine and the Russian Federation 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 prejudicial act; the main act and the purpose of the offence; the attempt, the preparatory phase and the aggravating circumstances of the offence; the dif¬ferences between the concepts from the Penal Code of Hungary from 31.12.1978, the Penal Code of Bosnia and Her¬ze¬govina from 01.03.2003, the Penal Code of Ukraine from 05.04.2001 and the Penal Code of the Russian Federation from 24.05.1996.

6

Authors: Igor CIOBANU, Violina MORARU

Child pornography, according to the U.S. Penal Code, means any visual representation ... real or computer generated ex¬pres¬sing sexually explicit conduct ... In order to size legislatively and practical the phenomenon of child pornography, this article is processing the state, structure and dynamics of child pornography offences by examining relevant in¬ter¬na¬tio¬nal cases. Therefore, there is treated the case of the United States, the country with the largest and comprehensive legal arsenal against child pornography. The U.S. congress was the first to attempt to harmonize laws on child pornography to the digital age. In addition, there are considered the cases of England and Wales, where first occurred the individualization of the punishment and differentiation of sanctions for child pornography offences, taking into account two factors: the na¬ture of the indecent material and the level of involvement of the offender. The English legislature provided and ag¬gra¬va¬ting circumstances for: the demonstration or distribution of the material to children; the large number of images; the use of the material for commercial reasons; the publishing of the material on the Internet. Further are established the realms of child pornography and analyzed the cases of the Russian Federation and the Republic of Moldova. Finally, but not least there are proposed important recommendations to prevent, combat and reduce the phenomenon of child pornography on local and global levels.

6

Authors: Влад МАНЯ

The basic purpose of the present study consists in the elucidation of the legal nature of the forfeiture of estate as well as determination of its place in the system of compulsory penal measures. In order to obtain this scope the author has ana¬lyzed different points of view which are met in the modern penal doctrine regarding the determination of the legal na¬ture of the forfeiture. So, the author answers to the question, weatjer confiscation constitutes the form of criminal punishment or is it a form of security measure. Finally, there is demonstrated the preventive role of the forfeiture which is directed to the eli¬mi¬nation of the consequences of the criminal offence and its prevention for the future.

7

Authors: Svetlana CEBOTARI, Cristina EJOVA

In this article the authors comprehensively analyze the evolution of the bilateral relations between Romania and Moldova. Re¬lations between Romania and Moldova, two sovereign and independent states, have a privileged, particular cha¬rac¬ter, deriving from the community of people, culture, language and national history. The currently existence of the two separate Ro¬manian states instead of one as a whole, can be explained by the political history of the twentieth century, through the in¬ter¬national situation that has been created both after the USSR collapse and the socialist camp, and by interests of modern great powers.

8

Authors: Silvia GÎDEI

The complex and exhaustive approach of the criminal phenomenon starts with the explanation of the etiology of the person's behaviour. The analysis of their criminal behaviour designates that criminals come from different social clas¬ses, irrespective of ethnicity, age, gender, religious affiliation or education, and the etiology of this phenomenon is close¬ly related to the biopsychosocial data of the individual. Juvenile delinquency is part of criminality, a part of which has its own identity, conferred by the category of individuals it refers to. This own identity is reflected also by the cha¬rac¬ter of this phenomenon. The causes of the criminality among the under aged people differ from those of the adult offen¬ders. Juvenile delinquency is a phenomenon of deviation expressed by the incapacity of some young people to con¬form to the rules of conduct in society, incapacity that is caused by some biopsychosocial reasons. It is often con¬si¬de¬red an effect of the social maladjustment or behaviour deficiency, but also of educational gaps in social area and so¬cial control. The phenomenon of juvenile delinquency rises to the scientists, specialists and practitioners in the field of so¬ciology, criminology, psychology, social assistance etc. a number of theoretical, methodological, preventive issues. The study of juvenile criminology is important not only for the immediate therapeutic measures, but also as an in¬stru¬ment with which can be controlled the manifestation of criminality among adults. The way the society is organized, the re¬lations between its members, at a time, influence us. Children are those who suffer the most from these social chan¬ges. They have nor the capacity to understand the changes, neither to adapt themselves to them. The changes appeared in childhood can leave injuries that would last for a long period of time.

8

Authors: Igor CIOBANU, Dumitru JELESCU

The realities of today are an expression of the continuous shaping and development of human personality. Living or¬ga¬nisms are a series of energy dynamical systems that obey the laws of the physical universe. Sigmund Freud accepted these ideas and then submitted them to his concepts of psychic functioning. This article makes an analytical insight on the life and work of Sigmund Freud, the structure of the human psyche by Freudian concept, the psychoanalytic doc¬trine and on the role of psychoanalysis in contemporary society. There are analyzed the three levels of the human psyche by Sigmund Freud concept: conscious, preconscious and un¬conscious (later defined by other three fundamental features: id, ego and the superego). In addition, are presented de¬tail¬ed introductory issues related to Sigmund Freud's psychoanalytic doctrine (psychoanalysis), during it debut with pure¬ly therapeutic role, seeking to cure hysteria, gradually evolving into a broad doctrine of the psychic. There is also sized the role of psychoanalysis in contemporary society. One of the most significant is the psychoanalytic therapy, which aims to study the unconscious. Equally important, the paper portrays the lackings of the psychoanalytic theory.

8

Authors: Влад МАНЯ

The basic purpose of the present study consists in the meticulous analysis of the social and legal nature of the for¬fei¬ture of estate. There have been enunciated the most disputable questions regarding the forfeiture of estate in the Sub¬stan¬tive Criminal Law as well as in the administrative Law. In order to obtain the traced scope, there were examined dif¬ferent scientific points of view, there have been criticized some lawmaking provisions in the domain of forfeiture of estate. The notion, the legal essence as well as the basic characteristic features of forfeiture have been defined. In the realm of legal comparison research there was made obvious the positive thinking of the foreign lawmaking authorities con¬cerning the forfeiture of estate. As a result, the opportunity of revision of the legislation in force was demonstrated.

9

Authors: Svetlana CEBOTARI

Over the last three decades, of the twentieth century, the high degree of complexity of interests and social relations gave rise to theoretical debates assets about the essence of these forms. Although, increasingly shaping of international re¬¬lations, mostly talking about this reality, the theoretical constructions hasn’t been made explicit term of “geostrategic in¬¬terest”. Now, are made the first attempts to be expressed and to give definition. For this reason and because this phe¬no¬¬menon has evolved over time was needed beyond the definition of presentation. This article is an attempt to give a definition, geostrategic interest”. Interest is studied through the correlation space, the range of expressions of interests and actors geopolitical strategy as a means of achieving their interests.

9

Authors: Liubovi BRÎNZA

The purpose of the present research consists in the creation of clear and convinced scientific basis of the aban¬don¬ment defence to criminal attempt which is directed to the best correlation between the Substantive Criminal Law and the practice of application of legal norms. The identified scope is obtained by means of the following objectives: in¬ves¬ti¬gation of the dogmatic points of view formulated by the scientific workers concerning the unconsumed crimes and de¬fen¬ces to criminal liability, detailed explanation of the legal nature as well as identification of the basic items of the aban¬donment defence; the analysis of the criminal legal norm provided in the article 56 of the Criminal Code of the Re¬pu¬blic of Moldova; studying of the appendix exposed in the articles of the Special part of the Criminal code where the special norms concerning the abandonment defence are contained. As a result, the legal essence of the abandonment de¬fence to criminal attempt was clarified; items of the abandonment defence were identified; the scientific discrepancies re¬garding the unconsumed crime and the defences to criminal liability were solved; several new scientific concepts were proposed for their further utilization; the necessity of Substantive Criminal Law amendment was proved in order to ensure the best interpretation and correct application of the Criminal Law.

10

Authors: Mariana GRAMA, Dorina CEMÎRTAN

With the entry into force of the new Criminal Code, the national legislation has been introduced for the first time, the institution of plea bargaining agreement. According to those rules provided for in Article 80 of the Criminal Code, the legislature offers the possibility of reducing by one-third of punishment in the case of the person under accusation of a plea agreement.

10

Authors: Геннадий ФОРТУНА

The purpose of the present scientific research consists in the certain definition of mistake in the Substantive Cri¬mi¬nal Law, systematization of mistakes and the formulation of necessary scientific and legislative conclusions. In the realm of this study there were analyzed different points of view concerning the definition of the mistake in the Sub¬stan¬tive Criminal Law. The author examines the category of mistake in a retrospective approach, pointing on the most dis¬pu¬table questions, being determined that mistake represents an incorrect knowledge formed under influence of the erro¬ne¬ous belief about the objective and the subjective items of the harmful act, inclusive about the causes which exclude the harmfulness of the act. During the process of systematization there were examined various classifications which have been suggested by different scientific workers. As a result, there was formulated the definition of the mistake and there have been proved the necessity of introduction of several new articles regarding the mistake in fact and mistake in law in the content of the General part of the Criminal code of the Republic of Moldova.

11

Authors: Vitalie STATI

This study provides a juridical-penal analysis of the offences under art.241 PC RM. Among other things, it is argued that the performing of some activities forbidden by law (as provided by lett.b) art.125 PC RM, as well as by art.241 PC RM) must be distinguished from other activities, namely: the performing of some activities permitted exclusively to state enterprises; the entrepreneurial activity without a license. In addition, there are proposed delimitation criteria with re¬gard to the offences specified at art.241 PC RM from the offences under art.1852, 2411, 244, 2461, 361 and others from the Penal Code, as well as the tangential acts of contravention and fiscal matter. Among the novelty of this study, there should be noted the revision of the identification concept of the type-variants and aggravated-variants with regard to the offences under art.241 PC RM. As a result, is established that at lett.f) par.(2) art.241 PC RM is recorded not an ag¬gravating circumstance of the offence specified at par.(1) art.241 PC RM. In fact, at par.(1) and lett.f) par.(2) art.241 PC RM are provided independent offences. These offences can find each other in competition between themselves.

14

Authors: Sergiu BRÎNZA

This study is devoted to the judicial-penal analysis of the offences referred to in art.155 and 158 PC RM. The com¬po¬sition of the special legal object of the offences in question is atypical. The special legal object of the offences under art.155 and 158 PC RM derives from the general legal object only formally (by the social relations on the life and health of the person). After the analysis of the object of the respective offences, are considered and other constituent elements, name¬ly the objective side, the subjective side and the subject. As well as are analyzed the aggravating circumstantial ele¬ments of the two offences under art.158 PC RM.

15

Authors: Геннадий ФОРТУНА

The purpose of the present study consists in the elaboration of the appreciation algorithm of mistake in fact in the Sub¬stantive Criminal Law. In order to obtain this purpose the author has performed the systematization of mistakes in fact and their further analysis. The author gives the answer on the questions which were considered to be the most disputable in the penal doctrine and the judicial practice. There have been formulated the limits and the conditions of criminal li¬a¬bi¬li¬ty for the mistake in the object, mistake in the person, cases of abberatio ictus, mistakes in the objective items, including in the development of chain of causation. The biggest attention has been spared to the group of mistakes of general defenses, provided in the article 35 of the Criminal code. The Author formulates the appreciation algorithm of the imaginary defence of apparent danger, imaginary state of extreme necessity, imaginary reasonability of the risk and other forms of general defenses. Every type of mistakes in fact is supplied by brief rules of qualification. Conclusions pro¬posed in the result of the study represent not only the theoretical but the evident empirical importance.