2. Articole
Permanent URI for this collectionhttps://msuir.usm.md/handle/123456789/109
Browse
7 results
Search Results
Item Cazuistica infracțiunilor de îmbogățire ilicită(CEP USM, 2024) Ungurean, IvanThis paper aims to analyze the casuistry of crimes of illicit enrichment, through the paradigm of concrete and particular criminal cases to the concept, which involve new theoretical practical development aspirations and interests, based on the comparative and anlitic method.The ostentatious and visible enrichment of public persons participating in the administration and allocation of public resources is a plausible explanation for those perceptions or realities regarding the need to strengthen efforts and develop criminal methods and procedures to combat illicit enrichment.It is up to forensics, which, par excellence, has the role of analyzing the casuistry of crimes,to develop effective forensic methods and procedures with an understanding of the context that determined it, designed to create legal tools to be made available to the institutions responsible for the effective research of crimes of illicit enrichment.Item Aspecte juridico-penale privind subiectul îmbogățirii Ilicite: practica internațională versus Republica Moldova(CEP USM, 2021) Vîrlan, PetruThe subject of the offense provided in par. (1) art. 3302 CP RM is the responsible natural person, who at the time of committing this deed reached the age of 16 years. It is necessary for the subject to have the special quality of public person or foreign public person. In essence, the subject of any crime “is recognized the person who committed an act provided by criminal law and who, based on the fact that he possesses all the signs provided by law for this category of subject, and is liable to criminal liability.”Item OPINII REFERITOR LA ÎMBOGĂȚIREA ILICITĂ. PERSPECTIVE DE APLICABILITATE ÎN RAPORT CU OPINIA COMISIEI DE LA VENEȚIA(CEP USM, 2023) Vîrlan, Petru; Zagaican, FlorinInfracțiunea de îmbogățire ilicită a fost subiect de examinare la Curtea Constituțională a Republicii Moldova (în continuare Curtea) pe diverse motive invocate de către subiecții de drept, cu privire la pretinsa neconstituționalitate a unor sintagme din dispoziția incriminată în Codul Penal al Republicii Moldova (în continuare CP). Dat fiind actuali- tatea apariției opiniei Comisiei de la Veneția am considerat această lucrare drept un ,,apropo” prin care să exprimăm opiniile în baza unor fundamente juridice bine argumentate, precum și prin prisma deciziilor Curții fiind focusate asupra argumentelor Opiniei Comisiei în raport cu argumentele Curții. În urma consultării Opiniei precum și a cadrului legal existent în vigoare în Republica Moldova, am propus modificarea dispoziției a componenței de infracțiune îmbogățire ilicită.Item COMPATIBILITATEA ARTICOLULUI 3302 DIN CODUL PENAL CU PRINCIPIILE PREZUMȚIEI NEVINOVĂȚIEI(CEP USM, 2023) Vîrlan, PetruThe crime of illicit enrichment is rather a novelty in the context of criminal law. Such an offense presents a relatively new legal tool compared to other corruption offenses for law enforcement to deal with people who acquire property in a dubious manner. At the same time, the new crime of illicit enrichment presents significant challenges for criminal prosecution bodies, as well as for the courts that examine such crimes. First of all, the incrimination techniques and the legal formulation of the offense are new and raise questions at the time of its application. In addition, doubts and questions regarding the concordance of the fundamental principles of the criminal procedure, concerns regarding the respect of fundamental human rights as well as problems of balance between the rights of the accused and the right of society to recover illegally acquired wealth. The relationship of illicit enrichment to other criminal acts committed by the same accused is also of great importance in establishing the sources of such enrichment.Item LATURA OBIECTIVĂ A INFRACȚIUNII DE ÎMBOGĂȚIRE ILICITĂ: DEFICIENȚE DE APLICABILITATE(CEP USM, 2022) Vîrlan, PetruThe topicality and importance of the objective side of the crime of illicit enrichment is regulated by the conditions required by the criminal law for the existence of the act of criminal behavior, which is a fundamental condition for the application of criminal liability. However, we will analyze the issue of the objective side of the crimes attached to art. 3302 "Illicit enrichment" of the Criminal Code. This is because they have replaced the means of fighting corruption in the public sector. However, after this clarification, he deduces that: the objective side of the illicit enrichment present in art.3302 CP RM is transformed into the prejudicial act expressed in the action of possession of the goods if their value substantially exceeds the acquired means and was found, based on evidence that they could not be obtained illegally. In general, in the process of formulating the content of the crime of illicit enrichment, the legislator had the opportunity to plead between two different approaches. He could define prohibited conduct as an omission or as an action.Item INTERACŢIUNEA INSTITUŢIONALĂ ÎN CERCETAREA INFRACŢIUNILOR DE ÎMBOGĂŢIRE ILICITĂ(CEP USM, 2021) Ungurean, IvanThis article constitutes a comprehensive analysis of the institutional interaction through the paradigm of the investigation of offences of illicit enrichment involving new outlines and theoretical and practical development interests, as this subject, over the years, has not received due scientific attention in the criminalistic literature from the Republic of Moldova. This tendency is part of the international arena to transform and adapt the methods and processes aimed at creating legal instruments to be made available to the institutions responsible for the efficient investigation of offences of illegal enrichment. This is largely due, on the one hand, to the progress and international standard achieved and, on the other hand, to the community’s willingness to harmonize the national framework with that standard, which establishes the preeminence of law subscribed to the rule of law and the supremacy of law.Item INSTRUMENTE ÎN CURS DE DEZVOLTARE ALE RECUPERĂRII BUNURILOR INFRACȚIONALE(Academia de Administrare Publică, 2022) Scorpan, AleseaThere is a global trend towards the widespread application of confiscation of criminal assets, especially those obtained as a result of corruption offenses. Given that criminals are becoming increasingly intelligent and already know the tools used by law enforcement agencies, it is becoming increasingly difficult to fight crime. Through this article we set out to research new methods used by other states or proposed by some authors in the field of recovery of criminal assets. We all know the tools such as confiscation, requests for international legal assistance, seizure, but these are the tools that float above the water, long visible and known not only by law enforcement agencies but also by criminals. What is of real interest are the instruments that are at the ,,bottom of the sea” where not every state had the courage to sink, but they found a real treasure, materialized in recovered criminal property. Some tools are taken from the practice of British law, others are just ideas from practitioners who have worked in the field of criminal property recovery. Confiscation of property is an important tool in the fight against crime, we do not deny the importance of official instruments, but we consider it appropriate to widen the limits imposed by national legislation in this field.