Browsing by Author "Pântea, Serghei"

Filter results by typing the first few letters
Now showing 1 - 2 of 2
  • Thumbnail Image
    Item
    PROTECȚIA MIJLOACELOR DIN FONDURI EXTERNE ÎN LEGISLAȚIA PENALĂ A REPUBLICII MOLDOVA
    (CEP USM, 2024) Pântea, Serghei; Croitor, Dionis
    Seven years after the adoption in 2016 of Law no. 105 to amend the Criminal Code of the Republic, and since 2022 Moldova has been granted by the European Union the status of a country-candidate for accession, the Government of Moldova brings back to the discussion the subject of the protection of financial means from external sources. The allocation of funds and financial support are eloquent tools in supporting the democracies and economies of states in transition, and the Republic of Moldova is not an exception, while the protection of the financial means of the European Union becomes more significant in the process of accession. In order to ensure a clearer intervention, into the legislation, we argue that the 2023 Draft law faces some deficiencies, and we suggest some remedies for purpose of improvement.
  • Thumbnail Image
    Item
    REFLECȚII ASUPRA PROIECTULUI DE AMENDARE A ART. 306 COD PENAL: PORNIREA ILEGALĂ A URMĂRIRII PENALE ŞI TRAGEREA CU BUNĂŞTIINŢĂ LA RĂSPUNDERE PENALĂ A UNEI PERSOANE NEVINOVATE
    (CEP USM, 2024) Pântea, Andrei; Pântea, Serghei
    The criminal law recognizes that the entire legal regulation is intended to protect, as a priority, the person as the supreme value of society, his rights and freedoms. Deprivation of these rights and liberties is the most severe form of coercion in our judicial system and is an exclusive prerogative of justice. Crimes „against justice” protect not only the values that result from the activity of the courts, but also the activities of the authorities that contribute to the administration of justice. Recently, an initiative to amend art. 306 of the Criminal Code was announced. We argue that the amendment complicates the legal construction offence and will impede the criminal prosecution. The application of art. 306 of the Criminal Code must not become a matter of opportunity, conjuncture and exclusively formal, but rather a matter of last resort, and later systemic amendments should be considered resulting from a deep and comprehensive analysis.