George ȚICAL
Organized crime is a complex global threat characterized by well-structured networks that carry out illegal activities in various fields, from drug, people and arms trafficking to money laundering and cybercrime. These criminal groups are hierarchically organized, with well-defined roles, and operate in both black markets and legitimate businesses, extending their influence into the economy and politics. They use corruption, violence and intimidation to maintain their power and control, creating an underground economy that undermines trust in state institutions and destabilizes legal markets. Drug and human trafficking are two of the most profitable activities, with criminal networks able to operate transnationally, generating billions of dollars annually.
Organized crime-fighting techniques include undercover agent infiltration, communications interception, physical surveillance, and social network analysis. Infiltration is a highly effective but risky method that requires thorough training for agents to gather evidence from within criminal groups. Interception of communications and physical surveillance give authorities access to critical information about the coordination and structure of criminal networks. Social network analysis also helps identify leaders and influencers in networks, revealing hidden connections and relationships that might go undetected by other means.
Challenges faced by authorities in combating organized crime include encryption of communications, mobility of suspects, complex financial flows and corruption. In particular, advanced encryption technologies and the use of cryptocurrencies make tracking and intercepting suspects extremely difficult. In addition, cross-border mobility and the use of false documents complicate the monitoring and identification of leaders of criminal networks.
Keywords: organized crime, human trafficking, money laundering, infiltration, interception of communications, financial analysis, international collaboration.
Irina IACUB, Gheorghe COSTACHI
The study is dedicated to the right to a fair trial, with the aim of highlighting the necessity of researching and understanding its essence, dimensions, and content to successfully strengthen the internal legal mechanism for its enforcement and protection, as a factor ensuring legal security. A distinct emphasis is placed on the need to distinguish the content and interpretation of this right by the Strasbourg Court from its understanding and the mechanism of its protection, assurance, and enforcement at the state level. To this end, the national and international legal regulations are presented, and the semantics of such terms as “equity”, “fair justice”, “fair trial” and “principle of equity” are clarified.
Keywords: justice, judicial process, equity, fair justice, the principle of equity, fair trial, right to a fair trial, rights and guarantees, legal security.
Valeriu CUȘNIR, Eugen CARA
On March 18, 2023, the provisions of art. 3401 Separatism in the Criminal Code of the Republic of Moldova entered into force and consequently, for the first time since the country’s independence, the national criminal law began to react to the manifestations of separatism, qualifying them as socially dangerous acts, capable of jeopardizing the fundamental values of the state such as independence, sovereignty, territorial integrity. The aspects related to the practical application of the new legal provisions by avoiding abuses or errors and bringing to criminal responsibility, exclusively those guilty of committing separatist actions, continue to generate a substantial public reaction of the Moldovan society and external partners, or, until now, this issue is at the top of political and diplomatic discussions at various levels, including the negotiation agenda for the Transnistrian conflict settlement.
The provisions of art. 3401 Separatism Criminal Code of the Republic of Moldova is the object of the Reports of the European Commission, the Organization for Security and Cooperation in Europe and other international bodies, by which the Parliament of the Republic of Moldova is strongly recommended to clarify the substantive and application aspects of the new criminal law, including its repeal. In the situation when for over three decades the Republic of Moldova has been among the victims of the phenomenon of separatism, along with its devastating consequences in the neighboring state of Ukraine, it is obvious the need to maintain and further develop the legal-penal instruments intended to defend the fundamental values of the state such as independence, sovereignty, territorial integrity, but which are unequivocally susceptible to improvement and still attracting special attention from the scientific environment, the competent national institutions, as well as the entire society.
Keywords: manifestations of separatism, criminalization of separatist actions, crime, security, sovereignty, territorial integrity.
Reflecții cu privire la criminalitatea militară promovată de regimul politic al Federației Ruse și consecințele acestui fenomen la nivel regional și global
Reflections regarding the military criminality promoted by the political regime of the Russian Federation and the consequences of this phenomenon at the regional and global level
Simion Carp, Dianu Gordilă
The way each state’s military system is organized, reveals the goals, intentions and strategic objectives set by the political leadership. Consequently, in order to maintain power, political criminality facilitates military criminality. Under the guise of political activity, various clans carry out criminal activity. A negative example in this sense is that of the Russian Federation, which due to its expansionist policy invaded some sovereign states, thus facilitating the commission of war crimes by its own soldiers. Currently, the Russian Military Forces constitute a reflection of the Soviet Army, which at times subjected the representatives of various peoples to repressions, under the command of the communist totalitarian regime. In contrast to official statements, the Russian Federation continues to brutally violate the norms of international law. Within the context, some serious incidents are presented with the participation of the soldiers of the Russian army of occupation, who are deployed illegally on the territory of sovereign states. Based on the above, the international community must have the ability to react promptly in the context of the new challenges launched by this aggressor state.
Keywords: Totalitarian regime, military crimes, soviet army, Russian occupation army, war crimes.
Despre șantajul informatic săvârșit prin amenințarea cu divulgarea datelor compromițătoare
About cyber blackmail by threatening to release compromising data
Radion COJOCARU, Valeria SEREBREAN
The rapid development of information technologies has determined the spread of new forms of criminal activities across the globe, in the category of which blackmail is committed through the use of computer systems or social communication networks. As part of this criminal activity, the victims are most often threatened with the spread of compromising data, being put in front of two realities: sacrificing good reputation or satisfying the blackmailer’s demand to give him the claimed remuneration. The reason for this scientific approach lies in the need for a perpetual evaluation and harmonization of the criminal legislation with the new trends in the evolution of the crime of blackmail.
The direct aim of the study is the investigation from the perspective of the science of criminal law of computer blackmail committed through the use of computer systems or social communication networks through which the victim is threatened with the disclosure of compromising data. The indirect, more distant aim of the study is to reconceptualize and reshape the deterrent effect of the criminal law according to the severity and prevalence trends of this form of blackmail.
As a result, several scientific results have been inserted which, on the one hand, will facilitate the cognitive knowledge of the phenomenon, and on the other hand will allow to approach from a new perspective the blackmail committed through the use of computer systems or social communication networks. The finality of the research found its expression in the delivery of a new model of criminalization of the offense provided for in art. 189 of the Criminal Code of the Republic of Moldova, by which, on the one hand, a clear differentiation is made between “blackmail” and “extortion”, and on the other hand, the criminal liability for committing the illegal act through the use of computer systems or social communication networks is differentiated.
The article was deeply inspired by the discussions generated in the context of studying the discipline of Criminal Law (Special Part) by the students of the “Ștefan cel Mare” Academy of the Ministry of the Interior of the Republic of Moldova, class of 2025.
Keywords: offence, criminal punishment, blackmail, extortion, computer blackmail, threat, online environment, information technologies.
Crime scene investigation, objects and documents sampling, search and evidence collection during investigation of the smuggling of migrants offence
Investigarea scenei crimei, eșanționarea obiectelor și documentelor, căutarea și culegerea probelor în timpul investigării infracțiunii de contrabandă de migranți
Gina-Aurora NECULA
The crime scene investigation, the examination of physical evidence – objects and documents -, as well as searches and evidence collection, are essential procedural actions for the evidence collection and administration of evidence in the investigation of the organizaed migrant smuggling. For this reason, this present study explores the specifics and particularities of these actions from a forensic perspective. The article is not limited only to theoretical aspects, but also integrates an extensive analysis of current judicial practice, relating it to the scientific foundations.
The main objective of the scientific article was to examine the tactics applied in the conduct of these procedural actions, as well as to identify legislative gaps and inconsistencies in the application of judicial practice. Ultimately, the research aims to provide practical recommendations, based on a scientific approach, to support the prosecution authorities. The effective implementation of these recommendations would contribute to improving the process of investigating the organization of irregular migration, facilitating the work of prosecution authorities and strengthening the state’s obligations in the fight against crime.
Keywords: crime scene investigation, physical evidence, search, evidence collection, migrant smuggling.
Sărăcia – factor determinant al violenței domestice împotriva femeilor din mediul rural
Poverty – determining factor of domestic violence in rural environments committed against women
Alexandru FRUNZĂ, Marinela ȚURCANU
Domestic violence is a reprehensible phenomenon facing modern society, both nationally and internationally. This negative phenomenon is more evident in relation to women because of customs rooted and historically influenced by the patriarchal structure. The patriarchal structure has traditionally exalted the role of men, with the woman always placed in a subordinate position.
Domestic violence constitutes a serious violation of women’s fundamental rights and freedoms, protected both by international law and by normative acts issued at national level. The violation of the rights to equality in the family, to dignity and access to justice, are more emphasized in rural areas. The analysis of the aggressor-victim relationship shows that in 2021, 71.0 % of victims of domestic violence are from rural communities and 29.0 % of urban ones.[6]
While prevention and response to domestic violence requires a multidimensional approach, identifying the causes of this form of violence will contribute to understanding the phenomenon and to the evolution of society as a whole.
Keywords: domestic violence, poverty, rural environment, determinants, abuser, study.
Legal mechanisms for sustainable development and environmental control
Mecanisme juridice pentru dezvoltarea sustenabilă și controlul ecologic
Luminița DIACONU
This article delves into the critical role of legal mechanisms for environmental control and assessment in fostering sustainable development. The aim of the study is to elucidate how monitoring, evaluating, and regulating environmental factors are essential for achieving long-term sustainability across various sectors.
The methodology employed includes a comprehensive review of existing literature and best practices in environmental control and assessment, initiation of expertise, presentation of project documentation, environmental assessment documentation, as well as other necessary documentation. The process of examining the documentation and Issuance of the opinion.
Major findings/Results emphasize the role of integrating legal mechanisms in environmental considerations into decision-making processes for a more sustainable future. The paper emphasizes the significance of legal mechanisms monitoring for environmental control and in mitigating the impact of human activities on the environment and promoting sustainable practices for a harmonious coexistence between development and nature.
Key-words: legal mechanisms environmental assessment, sustainable development, expertise, documentation.
Restabilirea ordinii publice în timpul manifestațiilor cu caracter de masă
Restoration of public order during mass demonstration
Valentin TALMACI
The article is dedicated to various aspects regarding the restoration of public order. The analysis of the situation in the field of restoring public order is given. Measures to restore public order are described. The conditions and purpose of using the devices for restoring public order are formulated. It is proposed to use 25 groups/elements within the device for restoring public order. The purpose and function of each group/element of the device is described. The order of actions of the force structures within the special operation to restore public order during mass demonstrations is proposed, consisting of 3 stages – initial, active and final. The respective stages, the device elements used, applied tactics are described. The Mobile Intervention Detachment (MDI) is described, being one of the most important elements of the violent crowd dispersal device. Responsibilities for DMI intervention, detachment composition are described. It is proposed to increase the number of platoons and personnel of the DMI in order to make the process of restoring public order more efficient.
Keywords: restoration, public order, action, device, element, stage, detachment, intervention.