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 PROVOCAREA ILEGALĂ A AVORTULUI – O AGRESIUNE ASUPRA VIEȚII INTRAUTERINE(CEP USM, 2022) Balcan, SilviaThis article analyzes the pros and cons of abortion, which is considered a derogation from the right to life and has been the subject of discussion by researchers over time. The issue of legalization of abortions, including the permissible period of their performance, conditions a multitude of controversies regarding the fact if it is or not an absolute right of women, or an aggression against the human being during intrauterine development. The aim of this study is to identify legislative solutions both for ensuring the women right to reproductive health, and also for the protection of intrauterine life.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.