Browsing by Author "Balcan, Silvia"

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    ASPECTE DIN JURISPRUDENȚA NAȚIONALĂ PRIVIND RĂSPUNDEREA PENALĂ PENTRU VĂTĂMAREA FĂTULUI
    (CEP USM, 2024) Balcan, Silvia
    The purpose of the present investigation is to analyze problems related to the application of the in force legislation, especially for the qualification of harmful acts according to the norms of article 213 of the Criminal Code of the Republic of Moldova,in cases of aggression against the fetus. However, in separate cases in judicial practice, the courts perceive the fetus as a part of the maternal body, or in other cases, as a distinct person, considering it to be victim of crime, although it is not considered to be a person, for the purposes of national law and, respectively, it cannot have the status of a patient.
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    CONFLICTUL MATERNO-FETAL, CA O EXTREMITATE A DIMENSIUNII PROTECȚIEI COPILULUI BALCAN Silvia
    (CEP USM, 2022-09-30) Balcan, Silvia
    Obviously, the child is protected by legal norms at national and international level from the birth moment, and this article aims to present the request for the protection of the child at a stage prior to the establishment of extrauterine life, starting also from the provisions of some international instruments. In the scientific work, we will assess the need for rationale towards the balance between the sexual, reproductive and intrauterine life rights and those of persons’ intrauterine life. The formulated conclusions will outline the need to review the national legislation, including the involvement of specialists from different fields, so that through research and studies focused on the good practices implemented in the experience of other states, recourse may be had to the harmonization of national legislation in the field of right protection to life of unborn children.
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    LIMITELE LEGALE ALE DREPTULUI LA VIAȚĂ ÎN DREPTUL PENAL
    (CEP USM, 2021) Balcan, Silvia
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    PROTECŢIA VIEŢII INTRAUTERINE. REPERE METODOLOGICE DE CERCETARE ÎN DOCTRINA AUTOHTONĂ
    (CEP USM, 2021) Balcan, Silvia
    The objective of this study is systematization of recent researches in the Republic of Moldova on the protection of intrauterine life, in order to identify the premises and needs for revision the standard of human rights protection at the national level. This exercise aims to generalize scientific investigations resulting from several fields by applying the logical, comparative method and deductive analysis to identify less researched aspects and solutions for the person / human being to have protection at all stages of development. The formulated conclusions are going to outline the need of evaluating the national legislation, including the involvement of specialists in different fields, so that through research and studies, focused on good practices implemented on the other states’ experience, resorting to harmonization of national legislation in the field of life rights’ protection. We consider the revision of some existing notions and, respectively, the formulation of the lege ferenda proposals will be imperative for the Republic of Moldova, especially during a demographic crisis.
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    PROVOCAREA ILEGALĂ A AVORTULUI – O AGRESIUNE ASUPRA VIEȚII INTRAUTERINE
    (CEP USM, 2022) Balcan, Silvia
    This article analyzes the pros and cons of abortion, which is considered a derogation from the right to life and has been the subject of discussion by researchers over time. The issue of legalization of abortions, including the permissible period of their performance, conditions a multitude of controversies regarding the fact if it is or not an absolute right of women, or an aggression against the human being during intrauterine development. The aim of this study is to identify legislative solutions both for ensuring the women right to reproductive health, and also for the protection of intrauterine life.
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    RECERINŢA PROTECŢIEI VIEŢII INRAUTERINE PRIN NORME JURIDICO-PENALE ÎN REPUBLICA MOLDOVA
    (CEP USM, 2021) Balcan, Silvia
    The child life is recognized and protected as an independent value in the Republic of Moldova only from the moment of birth, but the unborn child’s right to life is ensured by the legislation in force only commonly and indivisibly with the pregnant woman’s life and birth. Recording to this standard of legal protection, we consider opportune to be revised, in the existing demographic crisis at national level, as well as in other European states, that already presents a different approach through their judicial practice. Based on the above analysis, we consider indispensable to be analysed, in this article, the less researched and almost outlined aspects regarding the legal-criminal protection of intrauterine life, in order to identify, on this way, the legislative vacuum regarding the commitment of criminal liability for the person or persons, who have caused the injury or even death of the fetus, a situation which is in principle outside the current criminalization of the national legislation. The research elaboration on this topic aims to present, on objective and coherent way, the need to criminalize, by aggression-criminal norms, the aggression against unborn children, as well as to take as a conclusion the good practices from abroad in order to harmonize their own legislation, including by formulating relevant proposals on this line.