Browsing by Author "Bragoi, Constantin"

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Analiza materialelor științifice privind răspunderea penală pentru amestecul în înfăptuirea justiției și în urmărirea penală publicate peste hotare
(2024) Bragoi, Constantin
In this article, we aimed to analyze scientific materials in the field of crimes of interference in the administration of justice and criminal prosecution (art. 303 of the Criminal Code of the Republic of Moldova) published outside the borders of the Republic of Moldova. In the content of the paper, some ideas are capitalized, which derive from the comparative law analysis of the crimes provided for in art. 303 of the Criminal Code of the Republic of Moldova and analogous crimes, as they are regulated in the criminal law of other states. The interest in this subject turned out to be a special one, because studying the doctrinal experiences of other states has a considerable weight for the alignment of the criminal legislation of the Republic of Moldova with international standards.
Latura obiectivă a infracţiunilor de amestec în înfăptuirea justiţiei şi în urmărirea penală (art. 303 CP RM)
(CEP USM, 2024-09-20) Bragoi, Constantin
The scientific article is dedicated to examining the objective side of the offenses of interference with the administration of justice and criminal prosecution, criminalized under Article 303 of the Criminal Code of the Republic of Moldova. The paper investigates actions of interference, in any form, in the trial of cases by national or international courts, as well as actions of interference, in any form, in the activities of criminal investigation bodies or the personnel of international courts.The main goal is to provide a clear understanding of acts of interference in judicial activities and criminal prosecution, offering a solid basis for the correct application of the law. The study also includes an examination of the moment of completion of the analyzed offenses, as these are formal offenses.
Obiectul juridic generic al infracțiunilor prevăzute la art. 303 din Codul Penal al Republicii Moldova
(CEP USM, 2024) Bragoi, Constantin
This scientific approach is dedicated to the analysis of the generic legal object of the crimes of interference in the administration of justice and in criminal prosecution, which are provided for in art. 303 of the Criminal Code of the Republic of Moldova. It is noted that the generic legal object of these crimes is formed by social relations regarding the activity of carrying out justice and the activity of contributing to the carrying out of justice. It is argued why the notion of „justice” in the sense of the title of chapter XIV of the special part of the Criminal Code, should be interpreted in a broader sense, extending it to the activity of other legal bodies that contribute to the achievement of the goals and tasks of justice, not just the courts. In the end, the conclusion is reached that the name of chapter XIV of the special part of the Criminal Code must be reformulated from „Crimes against justice to „Crimes related to the administration of justice”.
Obiectul juridic special al infracțiunilor prevăzute la art. 303 din Codul penal al Republicii Moldova
(CEP USM, 2024) Bragoi, Constantin
In this article we have proposed to analyze the special legal object of the offenses provided in art. 303 of the Criminal Code of the Republic of Moldova. It is found that by committing the offense provided for in para. (1) art. 303 of the Criminal Code affects social relations regarding the inadmissibility of nterference in the activity of the national or international court, as the sole promoter of the act of justice. And following the commission of the offense provided for in para. (2) art. 303 of the Criminal Code of the Republic of Moldova affects social relations regarding the inadmissibility of interference in the activity of criminal investigation bodies or the staff of international courts. It was demonstrated that in the secondary plan, the crimes provided for in art. 303 of the Criminal Code of the Republic of Moldova may affect social reactions regarding the bodily integrity, health or mental (moral) freedom of the person.
Victima infracţiunilor de amestec în înfăptuirea justiţiei şi în urmărirea penală (art. 303 CP RM)
(CEP USM, 2024-11-07) Bragoi, Constantin
In this article, we aim to analyze the characteristics of the victim of oﬀenses provided for in Article 303 of the Criminal Code of the Republic of Moldova. The content of the paper analyzes the issues encountered in the legal and criminal classiﬁcation of the oﬀenses listed in relation to the victim’s status. As a result of the analysis conducted, it is concluded that the victim of the oﬀenses under Article 303 of the Criminal Code of the Republic of Moldova can be a judge within a national or international court (paragraph (1) of Article 303 of the Criminal Code of the Republic of Moldova), as well as a prosecutor, criminal investigator, or the stuﬀ of international courts (paragraph (2) of Article 303 of the Criminal Code of the Republic of Moldova).