Studia Universitatis Moldaviae. Stiinte Sociale

8-24

Authors: Serghei BRÎNZA, Vitalie STATI

This study is a first attempt to analyze the offence of cruelty towards animals, set out in art.2221 of the Penal Code. In this regard, there is established that the social relationships concerning the human attitude towards animals represent the special legal object of the offence in question. It is underlined that animals which possess a nervous system and are capable of feeling pain or suffering are the material object of the same offence. There is also framed the distinction between the two normative modalities of the prejudicial act provided by art.2221 of the Penal Code, accordingly between the act of ill-treatment of animals and the act of animal torture. The two prejudicial consequences of the offence – the pain or suffering of the animal and the mutilation or death of the animal – as referred to in art.2221 of the Penal Code, are analyzed as well. It is concluded that the subjective side of the offence set out in art.2221 of the Penal Code is determined by direct or indirect intention. It is established that the subject of this offence is the liable natural person who reached the age of 16 at the time of the offence commission and the aggravating circumstances of the offence specified in let. a)-c) par. (2) art.2221 of the Penal Code are examined. The possible connections between the offence provided for in art.2221 of the Penal Code and other acts of criminal or administrative nature are also analysed. As a result, in order to ensure the compliance with the provisions of accessibility and predictability of the law, which derives from articles 22 and 23 of the Constitution, it is recommended to include a series of amendments in art.2221 of the Penal Code and art.157 of the Contravention Code.

34-42

Authors: Sergiu CRIJANOVSCHI

In the realm of this scientific message there has been analyzed the Criminal law basis concerning security measures, especially in the form of special confiscation in accordance with the article 106 Criminal code of the Republic of Moldova. During the research there has been clarified the legal nature and special destination of the Criminal law and regional normative acts. The author explained some disputable questions regarding the object of confiscation, analyzed several scientific opinions concerning the object of confiscation as well as international regulations in this matter.

51-61

Authors: Lilia GÎRLA

In the realm of this scientific message are elaborated some solutions concerning criminal law protection of professional journalist secrecy. The conceptual framework envisages optimizing the incriminating construction by formulating some suggestions de lege ferenda aimed to improve substantially Criminal law of the Republic of Moldova. The author de¬mons¬trated that the criminal legal norm concerning the violation of inviolability of privacy provided by paragraph (1) article 177 of the Criminal code, doesn’t offer sufficient protection to the data obtained, stored or processed in the professional secrecy regime, because those confidential data are protected in the regime of personal or family secret which belongs to the primary owner, while the professional secrecy assumes that this kind of secrecy is administrated by the secondary owner (the employee who obtained the confidential data in connection with the execution of his/her professional competences).

68-77

Authors: Drăgălin PĂDURE, Stela BOTNARU

In the limits of this scientific article there have been conceptualised unfavorable criminal laws by means of analysis of its types and rules’ identification concerning the criminal laws which institute a severe punishment or otherwise worsen the situation of the person who is guilty in commission of crime. Authors elaborated a scientific typology of unfavorable laws as well as demonstrated that Novatio legis, Novatio legis in pejus and Lex gravior constitute the basic forms of un¬favorable laws whic are expressely provided in the paragraph (2) article 10 of the Criminal code of the Republic of Moldova. Un the realm of this study the autohrs have exemplified rules of the unfavorable law identification. The obtained results could be used in the process of imporvement of the Substantive Criminal Law.

91-95

Authors: Andrei PÂNTEA, Adrian TĂBÎRȚĂ

In the present research, the purpose is to find a solution for the following dilemma: does pregnancy, resulting from the rape, fall under the provisions of let.f) par.(3) art.171 of the Penal Code of the Republic of Moldova? Some scientists choose to invoke the aggravating circumstance "that results in other severe consequences" in the case of rape resulting in the victim's pregnancy. However, there are also scientists who do not support such an interpretation and consider that the aggravating circumstance "that results in other severe consequences" cannot be invoked in the case of rape resulting in the victim's pregnancy. The last of these doctrinal positions is based on the following arguments: pregnancy is a natural, though not mandatory, consequence of sexual intercourse; the pregnancy is already considered by the legislator as a possible harmful consequence of this crime; the occurrence of such a consequence, as well as the related moral sufferings of the victim can be taken into account when choosing the amount of the punishment within the limits of the sanction established in the norm that incriminates the non-aggravated rape; it cannot be categorically asserted that between rape and the victim's pregnancy there would be a causal relationship sine qua non; the victim's pregnancy cannot be identified with a physical or moral injury; social indications for voluntary termination of pregnancy after 12 weeks and until the end of week 21 of pregnancy (including pregnancy arising from rape) should not be relevant in terms of aggravation of liability for rape; invoking the aggravating circumstance "that results in other severe consequences" in the case of rape resulting in the pregnancy committed knowingly against a juvenile (including a juvenile under the age of 14) would mean overestimating the social danger of the committed crime. Such arguments are reasonable. As a result, the aggravating circumstance provided by let.f) par.(3) art.171 PC RM cannot be invoked in the case of the rape resulting with the victim's pregnancy.

103-109

Authors: Gheorghe RENIȚĂ

Differentiated treatments are discriminatory if they are not based on an objective and reasonable justification, that is, if they do not pursue a legitimate purpose or if there is no reasonable ratio of proportionality between the means used and the purpose pursued. From this perspective, the conditional suspension of the execution of the sentence may operate, in certain circumstances, with respect to any person regardless of sex, race, color, language, religion, political opinions or any other opinions, national or social origin, belonging to a national minority, wealth, birth or other criteria. To “other criteria” we could attribute, among other things, the citizenship of the person and the fact whether or not the person has his domicile in the territory in which he committed the crime. Therefore, the refusal to conditionally suspend the execution of the sentence, because the offender is a foreign citizen and does not have a home on the territory of the Republic of Moldova, is a discriminatory treatment.

119-130

Authors: Rodica BERDILO

A person, commonly accepted as a social value protected by the criminal law, must be perceived as an individual with a totality of different social, biological and psychological characteristics, regardless of whether he or she: has gone through the whole process of socialization; has become a personality or has lost the ability to become one. The special legal object of the offence set out in art.146 PC RM is formed by the social relationships concerning the life of the person which causes the perpetrator's state of affection through acts of violence, grave insults, and through other illegal or immoral acts. Meanwhile, the social relationships concerning the person's life form they represent the legal object of the subgroup of the offence in question. On the same note, the content of the social relationships defended by art.146 PC RM is formed by the right to life. As well as, the objects of the social relationships defended by this article is the person’s life – the specific social value around and through which such social relationships are formed, developed or evolve. There is also excluded the possibility for this offence to have a secondary legal object.

135-139

Authors: Ion GUCEAC Jr.

The human right to health protection is a complex of rights that provides the main, inalienable asset - its health. When there is no health, it is difficult to talk about the full legal capacity. Moreover, the quality of health determines the quality of life. Health by its very nature is a value in itself and a precondition for the prosperity of society. For these reasons, citizens' health is one of the main priorities of each state, and health policy provides for the right of everyone to access high quality healthcare. Through the policy it promotes, the Republic of Moldova aims to: increase the life expectancy at birth and increase the healthy lifespan; ensuring quality of life and reducing differences in terms of health for all social groups; strengthening the cross-sectoral partnership aimed at strengthening the population's health; increasing the individual's responsibility for their own health.

146-159

Authors: Costică MOȚOC, Lilia GÎRLA

In the realm of this article is the reconceptualization the legal nature of confident data of the person protected in the regime of the reproductive professional secrecy from the perspective of penal and extra-penal legislation of the Republic of Moldova and Romania, ECHR Case law, and contemporary scientific visions. During the scientific research there has been performed the penal analysis of medical data of a reproductive character regarded as a type of personal or family secret which forms the immaterial object of the art.177 Criminal code of the Republic of Moldova, as well as the reproductive professional secret in the sense of the article 226 New Criminal code of Romania; there has been identified the content of the reproductive professional secret; there has been clarified the right for genetic identity and the right for acknowledgement of its biological origin of a person, on the one hand, and the right for the reproductive secrecy, on the other hand, law being obliged to ensure confidentiality of both parties to the proceeding. The authors have demonstrated a necessity to improve the modern criminal laws of both of countries by means of recognizing a special legal regime of the reproductive professional secrecy in the matter of medically assisted human procreation.

171-181

Authors: Nicolae POSTOVANU

In order to consider the prejudicial act an offence, within the context of penal law, it must be committed with guilt. In other words, the perpetrator may be held criminally liable only for the prejudicial act and the prejudicial consequences for which his/her guilt has been established. Article 264 PC RM includes the act of recklessness with regard to the prejudicial consequences of middle battery or middle health injury. At the same time, no mention is made regarding the perpetrator's attitude towards the prejudicial act provided by art.264 PC RM – the violation of traffic safety rules or the use of transport rules. Article 19 PC RM does not make any references to the content of the guilt considering the offences set out in art.264 PC RM. In essence, the offences specified in art.264 PC RM should be considered as acts committed by recklessness. The concomitant perpetration by the same person (same people) of the acts stipulated in art.228, art.235-244 of the Contraventional Code and of the acts provided by art.149 or art.157 PC RM generates the combination of the social danger of all these acts and their “merging” into a new qualitative product, namely into the offences provided by art.264 PC RM. With regard to the offences set out in art.264 PC RM, the content of the guilt implies both the intention or recklessness considering the prejudicial act and only the recklessness considering the prejudicial consequences.

193-197

Authors: Artur TARLAPAN

The paper has as research object the rules of the Insolvency Law no. 149/2012 regarding the limits of liability of the management bodies members of the debtor in the insolvency procedure, which caused its insolvency, as well as the practice of applying this rules. Considering the irregular and sometimes erroneous dispute resolution in this matter, proposals are made to improve the judicial practice.