Facultatea de Drept / Faculty of Law
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Item Aspecte din jurisprudența națională privind răspunderea penală pentru vătămarea fătului(CEP USM, 2024) Balcan, SilviaThe purpose of the present investigation is to analyze problems related to the application of the in force legislation, especially for the qualification of harmful acts according to the norms of article 213 of the Criminal Code of the Republic of Moldova,in cases of aggression against the fetus. However, in separate cases in judicial practice, the courts perceive the fetus as a part of the maternal body, or in other cases, as a distinct person, considering it to be victim of crime, although it is not considered to be a person, for the purposes of national law and, respectively, it cannot have the status of a patient.Item CONFLICTUL MATERNO-FETAL, CA O EXTREMITATE A DIMENSIUNII PROTECȚIEI COPILULUI BALCAN Silvia(CEP USM, 2022-09-30) Balcan, SilviaObviously, the child is protected by legal norms at national and international level from the birth moment, and this article aims to present the request for the protection of the child at a stage prior to the establishment of extrauterine life, starting also from the provisions of some international instruments. In the scientific work, we will assess the need for rationale towards the balance between the sexual, reproductive and intrauterine life rights and those of persons’ intrauterine life. The formulated conclusions will outline the need to review the national legislation, including the involvement of specialists from different fields, so that through research and studies focused on the good practices implemented in the experience of other states, recourse may be had to the harmonization of national legislation in the field of right protection to life of unborn children.Item PROTECŢIA VIEŢII INTRAUTERINE. REPERE METODOLOGICE DE CERCETARE ÎN DOCTRINA AUTOHTONĂ(CEP USM, 2021) Balcan, SilviaThe objective of this study is systematization of recent researches in the Republic of Moldova on the protection of intrauterine life, in order to identify the premises and needs for revision the standard of human rights protection at the national level. This exercise aims to generalize scientific investigations resulting from several fields by applying the logical, comparative method and deductive analysis to identify less researched aspects and solutions for the person / human being to have protection at all stages of development. The formulated conclusions are going to outline the need of evaluating the national legislation, including the involvement of specialists in different fields, so that through research and studies, focused on good practices implemented on the other states’ experience, resorting to harmonization of national legislation in the field of life rights’ protection. We consider the revision of some existing notions and, respectively, the formulation of the lege ferenda proposals will be imperative for the Republic of Moldova, especially during a demographic crisis.