Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Șaporda, Ecaterina

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    ASPECTE DE TEORIE ȘI PRACTICĂ ÎN MATERIA LEGITIMEI APĂRĂRI
    (CEP USM, 2020) Botnaru, Stela; Șaporda, Ecaterina
    Self- defense is one of the circumstances that eliminate the criminal nature of an act and represents the fundamental right guaranteed to all citizens. Currently, this institution is regulated by art.36 of the Criminal Code of the Republic of Moldova; however, an actual problem in both theory and practice remains to be the limits of self-defense as a legal defense. The purpose of the present study is to analyze the legal regulation of the self-defense in accordance with the Criminal Code of the Republic of Moldova, to research the theoretical studies in this field and to establish the main problems that occur in the judicial practice in applying the legal norms on self-defense.
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    OBLIGAŢIILE POZITIVE ALE ACUZĂRII ÎN ASIGURAREA DREPTULUI LA UN PROCES ECHITABIL
    (CEP USM, 2022) Șaporda, Ecaterina
    This paper analyzes the content of the positive obligations of the prosecution in ensuring the right to a fair trial (criminal limb) guaranteed by Article 6 of the European Convention on Human Rights. Such a delimitation is necessary to show that the role of the criminal investigation body and, in particular, of the prosecuting authority should not be seen only in the sense of representing the public prosecution, but should be closely linked to the principle of respect for fundamental human rights and freedoms. So, both the positive obligations of the prosecution and their content, as well as the mechanisms for their implementation,provided in the legislation of the Republic of Moldova and the practical activity of the prosecution authorities were analyzed.
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    CYBERBULLYING: PROVOCARE SAU REALITATE?
    (CEP USM, 2022) Colțeniuc, Anatolie; Șaporda, Ecaterina
    Cyberbullying or cyberharassment is a form of bullying or harassment using electronic means. Cyberbullying and cyberharassment are also known as online bullying. It has become increasingly common, especially among teenagers, as the digital sphere has expanded, and technology has advanced. The lack of specific regulations in the national criminal and contravention legislation makes it difficult to qualify cyberbullying and makes it almost impossible to hold people accountable for such acts. Following the analysis, some proposals of lege ferenda will be outlined, in order to adapt the national criminal / contravention legislation to the current conditions.