Browsing by Author "Roşioru, Mircea"

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    Definiţie şi condiţii ale concursului de infracţiuni
    (CEP USM, 2024-11-07) Roşioru, Mircea
    The Criminal Code of the Republic of Moldova, adopted by Law no. 985/2002, unlike the Criminal Code of 1961, presents an improved version on the platform of the plurality of crimes and, implicitly, that of the cumulation of crimes. Although the different forms of the cumulation of crimes have been studied carefully, the clarification of legal issues that circumscribe the components of crimes, especially in relation to the various forms of the crime, continues to present doctrinal controversies and ambiguities for practitioners. From the perspective of state criminal policy, it is a certainty that it is necessary to punish less severely the persons who en- tered the field of criminality for the first time and who committed only one act provided by the criminal law, in comparison to those people who committed two or more crimes. Or, unlike the persons who commit a single act provided for by the Criminal Code, the institute of the cumulation of crimes indicates a degree of increased dangerousness of the criminals, which is why, from a sanctioning perspective, the legislator has provided punitive mechanisms with more severe effects for those from follow. The research aimed to identify the considerations on the basis of which, as a matter of priority, practitioners would delimit the concepts of a unique, continuous or prolonged crime, as well as that of the cumulation of crimes. At the same time, was highlighted the importance of the institute of the cumulation of crimes from the perspective of its sanctioning regime, including on the background of the repeal of the „repetition of the crime” concept. Therefore, the study in question represents a scientifically reasoned point of view regarding the correct interpretation and application of Article 33 of the Criminal Code.
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    A SOLUȚIONAT DECIZIA DE RECURS ÎN INTERESUL LEGII DILEMA CONCURSULUI IDEAL DE INFRACȚIUNI?
    (CEP USM, 2022-03-17) Roşioru, Mircea
    The aim of this study is to understand whether the issue of the qualification of concurring criminal deeds, which by definition forms an ideal concurrence of offenses, has been irreversibly solved by the Supreme Court by the decision on appeal in the interest of the law, following that the other courts will only have to comply with and apply correctly and uniformly the relevant legislation thereto. Equally, the study will focus on whether the principles applied in the case solved by the Decision of the Supreme Court of Justice of 17.12.2020 remain incidental exclusively to the situation of concurrence between the offenses provided for by art. 145, 151 or 152 of the Criminal Code, on the one hand, and the offense provided for by art. 287 of the Criminal Code, on the other hand, by using the analogy method that could be applied to other similar situations in which the problem of the ideal concurrence of offenses is addressed from the perspective of overlapping actions / inactions as components of the objective aspect of different offenses?