Trăsăturile distinctive ale răspunderii penale pentru constituirea unor formațiuni criminale organizate în legislațiile diferitelor state ale lumii din perspectiva Republicii Moldova
The distinctive characteristics of criminal liability for the constitution of organized criminal formations in the legislation of different states of the world from the perspective of the Republic of Moldova
Andrei CAZACICOV, Doris VILLALOBOS RICARDEZ (Marele Ducat de Luxemburg)
The present work is dedicated to the comparative study of other states’ criminal legislation, carried out to elucidate the common and distinctive features of criminal responsibility for the constitution of organized criminal groups. The common features reinforce the conviction of the necessity to keep intact the constitutive signs of the composition of the crime provided in the domestic criminal law (art. 284 Criminal Code of the Republic of Moldova), and the differences offer possibilities to reflect on current needs and future opportunities regarding this penal norm.
Keywords: criminal group, terrorist group, organized criminal group, criminal organization, a terrorist organization, organized crime, comparative analysis.
Grigore ARDELEAN, Oxana EȘANU
Special attention, every time it is requested to repair the damage caused to the employee, should be given to the rules for evaluating its amount, because often in practice the problem is not the employer’s refusal to repair the damage caused to the employee , but regarding its size, the parties calculating its size differently, obviously, each of them sticking to their own interest. Moreover, even the courts do not have a regulated system of values that shows concretely what parameters are to be taken into account when determining the amount of damage to be repaired. In these conditions, the need for the intervention of the doctrine is observed in identifying, interpreting and proposing clear indicators to be used as a basis for quantifying the damage caused to the employee, both in the drafting phase of the legislation in the field, as well as its application in the resolution of concrete cases.
Keywords: damage, employee, employer, patrimonial values, civil liability, compensation, moral damage, pecuniary sanction.
Radion COJOCARU
The subjective side, which forms the moral element of criminal conduct, includes the most subtle signs to be established by the interpreter of the law in the process of legal classification of crimes. Arising from the nature of the requirements established by the principle of criminal legality, these signs are to be ascertained accurately during the legal classification, especially when such classification has official connotations. In this study, the problem of intentional crimes is subject to attention by addressing the criteria based on which these crimes can be identified in the process of legal framing. Starting from the content of the intellectual and the volitional factor, the author highlights, on the one hand, the legal technical procedures by which the intended crimes are described in the criminal law, and on the other hand, the procedures for interpreting the incriminating criminal norms on the basis of which crimes committed with direct intent can be delimited from those committed with indirect intent.
Keywords: criminal offence, legal framing, intention, intellectual factor, volitional factor, direct intention, indirect intention.
Constantin RUSNAC, Laurențiu SCOBICI
Today, a crucial contribution to criminal prosecution is made by the criminal investigation officer. This study reflects his status in the criminal process, his importance in ensuring a fair, objective and multi-sided investigation of all the circumstances underlying the commission of offences, those which mitigate or aggravate criminal liability, those which exclude prosecution, etc. Moreover, the contribution made by prosecution officers to each individual criminal case is enormous, since they are often the ones who assess each piece of evidence separately and then by corroboration, evidence which will lead the courts to assess the guilt or innocence of the person, the form of participation, etc. It should also be noted that the proportion of procedural documents drawn up by officers is much greater than that of prosecutors per case, and therefore the work involved is also greater. Thus, in this article, the authors highlight the real possibilities that a prosecution officer has today, their strengths and weaknesses in relation to the existing legislation that directly regulates this activity.
Keywords: criminal investigation officer; activity; evidentiary; handling; collaboration; management.
Boris GLAVAN
Special investigations occupy a very important role in the activity of law enforcement bodies, referring to the efforts made by certain specialized services in obtaining information on criminal activities in order to combat them, protecting the constitutional values of citizens and the security of the state. In this context, the tactics and methodology used in these investigations play a critical role in ensuring their success. In this article, we will look at some of the most important considerations regarding the tactics and methodology used in special investigations.
Keywords: special investigative activity, special investigative measures, special investigative techniques, tactics, methodology.
Igor TROFIMOV, Alexandru SAVVA
Contraventional liability is one of the main forms of legal liability, the mainstay in the field of combating offences. It is indisputable that the lawful, timely and correct application of the penalty plays a particularly important role in the infringement process. However, the application of a fine is not always the most successful solution, as our legislator also provides for other means of amicably resolving offences.
In the proposed study the authors have initiated and developed a different approach of the contravention process by describing the categories of consensual acts applicable in the contravention procedure.
Keywords: contravention proceedings, settlement, damages, mediation, consensual acts of contravention.
Vladislav MANEA
Through this article, the author carries out an analysis of an extremely important process: the resocialization of convicted persons at the stage of preparing the convicts for release from the penitentiary. In the case of a definitive sentence to a punishment, at the moment of release the convict is faced with the resistance and prejudices of the social environment that refuses to repress him. Under these conditions, the resumption of criminal behavior appears certain. However, new directions are emerging that propose and offer alternatives for the social reintegration of prisoners by offering shelter, retraining or jobs through social bodies or state institutions.
Keywords: custodial sentence, rehabilitation, convicted, social reintegration, prison, penitentiary, crime, correction.
Evoluția istorică a conceptului stat de drept
Historical evolution of the rule of law concept
Liliana CREANGĂ
The issue of the law-based state was and is in the attention of legal researchers, state officials, and practitioners [1]. The term „state based on law” began to circulate in the Republic of Moldova in 1988, being artificially used by M.S. Gorbachev in the report presented at the Plenary CC of the PCU in February 1988. It is true that the term was used even before in the researchers’ monographs, however, it was perceived rather as an abstraction. The process of reforming the rule of law in the Republic of Moldova from the 1990s evolved extremely slowly, and one of the causes was the lack of a scientific theory of the state based on law. With the adoption of the Constitution of the Republic of Moldova in 1994, the main directions in the creation of the democratic state were outlined.
Keywords: state based on law, law, democracy, constitutionalism.
Octavian BEJAN
Les références criminologiques ont une grande signification pour la prévention répressive et non répressive de la criminalité. Malgré cela, leur utilisation diminue continument le dernier temp. Se diminue aussi leur qualité. À cause d’un changement fréquent des travailleurs, les connaissances criminologiques pratiques diminuent chaque année. N’ai pas au niveau voulu et la formation criminologique de travailleurs des organismes de droit. Dans ces circonstances sociales, la recherche criminologique se voit obligée obtenir à nouveau ces connaissances criminologiques et les laisser, cette fois, comme héritage écrit. Notre recherche criminologique a suivi le but de trouver des chemins de faciliter et améliorer l’élaboration des références criminologiques pour les causes criminelles. Nous avons utilisé la méthode documentaire, la méthode d’entrevue, la méthode d’analyse de contenu et la méthode de la construction abstraite. À la suite, nous avons conçu des questions dirigeantes. Elles ont été séparées par l’auteur, le coupable ou victime et le crime commis. Il faut voir si des références pareilles peuvent être utiliser dans des processus contraventionnels, administratives ou même civils.
Mots-clés: références criminologues, affaires pénales, procès pénal, procès criminel, individualisation de la responsabilité et de la sanction pénale.
Albert ANTOCI, Petru POPESCU (România)
The issue related to the application of punishment for attempted crime, both in doctrine and in practice, is quite complicated, controversial, containing multiple interpretations. For the unconsummated crime, the national legislator included two elements of it in the criminal code: the attempted crime and the preparation of the crime, for separate offenses and establishing the limit of punishment that can be applied. Although it did not reach its final goal, the crime was not consummated, the social danger resulting from the attempted crime is lower than for the consummated crime, this does not mean that the perpetrator will be freed from the criminal penalty, it will still be applied, and therefore precisely how the degree of guilt of the person will be assessed, and constitutes the object of discussion of the present scientific endeavor.
Keywords: criminal intent, unconsummated crime, consummated crime, perpetrator, punishment, crime preparation.
Alexandru CICALA
As part of our scientific approach, we propose to analyze the institution of searching for missing persons from the perspective of special investigative activity. However, this field represents one of the basic directions of the investigation officers within the territorial subdivisions of the Ministry of Internal Affairs.
Throughout history, the notion of „search” was interpreted differently. Initially, it was perceived as a whole activity that can be carried out by the investigating officers, but later it was limited to the search of certain categories of people.
At the same time, the notion of missing persons without a trace is confused with the notion of searching for missing persons without a trace by some practitioners and some researchers in the field of special investigative activity. Thus, for such reasons it is used in context, randomly by them.
Keywords: search, missing person, special investigative activity, investigating officers, information, crime detection.
Vladislav MANEA
Through this article, the author carries out an analysis and interpretation of the differentiation and individualization of the execution of the sentence as principles of the execution-criminal law, as well as the definition of the concept of differentiation and individualization of the execution of the prison sentence. Being a social category, the individualization and differentiation of the execution of the prison sentence is influenced economically and socially and by the political conditions of the development of society. Ensuring the realization of the principle of social equity, the individualization and differentiation of the execution of the prison sentence, obtain a broad reflection in the content of the criminal and execution-penal laws. Being a legal category, it is based on the criteria of fairness, the classification of criminals (convicts), the social dangerousness of the personality, its possibility of correction. The listed circumstances condition the close interconnection between the differentiation and individualization of the execution of punishment and the socio-human sciences: philosophy, pedagogy, psychology. That is why solving the problems of differentiating and individualizing the execution of the prison sentence must be done on the basis of a complex approach, taking into account not only the achievements of criminal law and criminal execution law, but also of other sciences.[32, p.20]
Keywords: differentiation and individualization of the execution of the sentence, prison sentence, principles of criminal execution law, convict, penitentiary, differentiation, individualization, classification of convicts, prison staff, detention sector.
Evghenia GUGULAN, Alina COPANCEAN
By labor disputes are meant the divergences that have arisen between the parties to the labor relations, in connection with the execution of certain rights at work, which cannot be removed through voluntary negotiations and in order to be resolved it is necessary to resort to a procedure and including to a competent body provided by the legislation of the Republic of Moldova.
There are labor disputes that refer to the express clauses of the employment contract, but also all disputes that are related to the manner in which the activity is carried out, including those related to liability for illegal acts committed during working hours.
At the same time, we specify that labor disputes do not occur only between people who have the status of employee and employer, given also between people who have not yet obtained this status or have already lost it, but claim a right provided for by the labor legislation.
In this article we propose to carry out a selective analysis of the disputes that may arise as a result of the non-respect of certain rights provided for in individual employment contracts.
Keywords: individual employment contract, legal act, labor disputes, employer, employee.
Elena-Ana DUDA (România)
This article examines the criminogenic factors involved in committing violent acts against newborn children, focusing on low living standards, poor information and sexual abuse. The low standard of living, present in many countries with a socialist-communist past, generates economic instability in rural families, increasing the risk of violence against newborns.Poor information about contraceptive methods limits women’s access to adequate family planning options, contributing to unwanted and problematic pregnancies.Sexual abuse and rape are important factors, with victims being exposed to the risk of pregnancy concealment and violent acts against newborn children.Combating these crimes requires support for victims, adequate sex education and promoting a whistle-blowing culture.
Keywords: violence against newborn children, low standard of living, poor information, sexual abuse, protection of the newborn child.
Sergiu NESTOR, Andrei LUNGU
In this article we aim to analyze and evaluate some interviewing and feigned behavior detection techniques used by researchers and practitioners in policing.
We will come with an explanation and critical interpretation of the principles and mechanisms that underpin the main techniques for detecting simulative behavior in the work of investigative and criminal prosecution officers.
We will refer to the effective techniques of detecting simulation and the ineffective ones, the mistakes made by some practitioners to use stereotypes in interpreting the veracity of information.
We will analyze elements of applied cognitive psychology from a forensic aspect, as a field of interdisciplinary interest.
We will come up with an assessment of the coercive approach, which uses psychological manipulation of witnesses and suspects.
Keywords: lie detection, non-verbal message, para-verbal message, pre-test stage of the polygraph examination, interviewing techniques.
Evghenia GUGULAN, Alexandru SAVVA
The classical distinction of law into private and public law has meant that over time certain institutions of law have been regulated in more detail by some branches of law and less by other branches of law. In this sense, the public law doctrine focuses its ‚attention’ on certain institutions, considered to be specific to public law, and some of the institutions which, although belonging to public law, are nevertheless left without attention on the pretext that they do not have an essential impact in shaping the nature and essence of public law legal relationships.
Thus, with reference to bilateral legal acts and in particular to consensual bilateral acts, the view persists that they are only the subject of private law. At the same time, procedural-contentious law, as well as substantive and procedural-criminal law, is ‚soaked’ with rules concerning bilateral consensual legal acts.
Within this context, the authors have taken the initiative to elaborate a summarised study on the legal nature of the procedural-consensual act applicable in the context of contravention proceedings, also setting out their specific characteristics.
Keywords: procedural-consensual act, contravention procedure, offender, legal act.
Victor FRUMUSACHI
It is correct that the rules for qualifying a criminal deed within the limits of the criminal normative are to respect certain justifying premises: either the need to provide certain new, sufficiently widespread forms of prejudicial behavior, within the limits of criminal liability; or the need to mitigate criminal liability for certain crimes by creating special rules; or the need to tighten criminal liability for certain crimes, creating special rules.
It is clearly observed that the legislator from the Republic of Moldova did not rely on such justifying premises at the stage of enforcing the article 3621 of the Criminal Code of the Republic of Moldova. This last fact results mainly from the reality of analyzing the limits of the criminal sanction for the crime of illegal crossing of the state border and the organization of illegal migration, being, tacitly, attested an equal prejudicial degree of the incriminated crimes. However, neither at the initial stage (after the adoption of the rule) nor at this stage, the delimitation between the crime of illegal crossing of the state border and the crime of organizing illegal migration is not clearly justified. If the rules provide for the same sanction limits, the matters of legally qualifying the crime are much more obvious, without making a clear and normative distinction between the general rule and the special rule.
Keywords: migration, illegal migration, organization of illegal migration, state border.
Mihai TETEREA
Murder committed in the heat of passion is a crime that arouses increased interest both from the theorists and from the perspective of national judicial practice. Or, the criminal offence involves great complexity, being determined by the interpretation of the phrase „heat of passion”. The difficulties of the crime analyzed are also determined by the analysis of the multitude of circumstances that determined the cause of this emotional disturbance and its duration. The problem presented above constitutes one of the most difficult problems of criminal law, because it is not always easy to determine the presence of the physiological heat of passion and to distinguish from the pathological heat of passion. In order to offer a modest contribution to the analysis of this criminal offence, I resorted to the analysis of the similarities and differences between the provisions of art. 146 Criminal Code of the Republic of Moldova and the corresponding norms from the criminal laws of other states such as: Germany and the Russian Federation.
Keywords: heat of passion, Comparative Law aspects, criminal liability, emotional disorder, immoral acts caused by the victim, the criminal offence.
Olena SALI (România)
The article is dedicated to the study of indicators of migration flows from Europe during the recent years, as well as the problem of modern migration existing in EU countries. The author performed an analysis of scientific research on this topic. The problems of integrating refugees into the European community were analyzed, and the structure and number of immigrants were determined based on statistical data.
The author considered the actions and positions of the leaders of the member states of the European Union in terms of migration policy and solving the problem of the mass influx of migrants. The paper examines the main trends in EU migration policy so far. The perspective of migration dynamics as a complex and multifaceted phenomenon is revealed, its further development as an unstable social phenomenon is predicted. The anti-social components of migration processes in the European Union and their negative impact on socio-cultural changes were identified. The article analyzes the main changes in the nature of migration movements of the population outside the borders of their states for the purpose of employment and identifies trends in the regional distribution and settlement of labor migrants. The focus is on the desire of the leading EU member states to limit the spontaneous influx of illegal migrants from the developing countries, as this creates numerous social, political, economic, as well as cultural and religious problems for EU countries. After all, the European Community itself suffers from political difficulties and contradictions associated with differences in levels of economic development.
Conclusions were drawn on ways to overcome this problem, namely the need for a uniform approach to the regulation of immigration processes. It also emphasizes the significant positive potential of migration for the development of host states, the condition for the use of which is an adequate migration policy both at the national and international level. Among the political priorities should be insurance of a legal and orderly migration process, as well as protection of the rights of migrants.
Keywords: migration, migration policy, European Union, refugees, migrants, migration crisis.
Vitalie TIHON
This article provides a comparative legal analysis of the legislation of different countries on criminal liability for public order offences, and in particular the offence of hooliganism.
Thus, analyzing the provisions of the criminal codes of the various countries, we find that, although they apparently have features in common with the provisions of the domestic legislation, differences between them persist. Although the content of the elements of the offence of hooliganism varies according to the criminal codes analyses, the social danger of the offence is similar in all countries.
Consequently, depending on how the offence is dealt with, different types of provisions and penalties are distinguished in the criminal law rules governing the offence, as well as the qualifying characteristics of the offence.
The importance of analyzing the criminal law aspects of the offence of hooliganism in the criminal legislation of other countries is primarily dictated by the need for a multilateral study, which would make it possible to take on board good practices and thus improve the domestic legal framework.
Keywords: hooliganism, public order, public security, public peace, public safety, disruption, disturbance, endangerment, violence, public place.
Nicolai RANGA, Andrei LUNGU
This article is a doctrinal analysis of the concept of institutional development, but at the same time it is an analytical material of the authors’ vision on the particularities of institutional development in higher education institutions.
Institutional development is not a one-time event, but an ongoing process. Higher education institutions must be vigilant and pro-active in their efforts to adapt and evolve, and must be able to respond quickly and effectively to changes in their environment. They must also be able to anticipate and plan for future trends and challenges and position themselves to take advantage of new opportunities.
Keywords: higher education institution, strategic planning, institutional research.
Prizonieri de război. Cronica războiului ruso-japonez din 1904-1905 (Recenzie)
War prisoners. Chronicles of the russian-japanese war from 1904-1905 (Review)
(autor/ author: Simion CARP)
Iurie LARII
Tudor OSOIANU