2. Articole

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Subject: search.filters.subject.interference in the criminal investigation

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    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”.
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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.