Facultatea de Drept / Faculty of Law
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Item CONCEPȚIILE MODERNE CU PRIVIRE LA APLICAREA PEDEPSEI(CEP USM, 2024-11-07) Ciobanu, Igor; Cotruţă, Artur; Negruţă, AnaModern conceptions of punishment bring back the retributive ideas of criminal sanctions. This time, retribution no longer appears as a revenge of society against the criminal, as a brutal robbery with him, but as an equal weighing of the two factors, deed and guilt, on the one hand, and punishment, on the other. Suffering, the essence of punishment, must be met with a justly proportionate application of the punishment. Promoting modern conceptions of punishment does not mean returning to the idea of blind revenge on the part of society, to causing irrational suffering only to frighten the criminal and those around him. The idea of retribution, of recompense for the committed deed, does not mean a robbery up to the physical elimination of the perpetrator, but, in a modern vision, it means a rational reaction of society to his antisocial acts.Item EVOLUŢIA ISTORICĂ A REACŢIEI REPRESIVE ŞI A SISTEMULUI SANCŢIONATOR ÎN REPUBLICA MOLDOVA ŞI ROMÂNIA.(CEP USM, 2024) Ciobanu, Igor; Cotruță, Artur; Negruța, AnaThe history of criminal law bears witness both to the continuous effort to keep under control the manifestations contrary to the social order by sanctioning the most serious forms of these manifestations, as well as to the concern for the continuous humanization of punishment. Proof of this is the very steps of the repressive reaction. The repressive reaction has taken different forms over the centuries, starting from the unlimited revenge based on the instinctive reaction, outside of any regulation, to the legally regulated reaction and strictly controlled by the state authority.Item TEORIA ADECVATĂ A LEGĂTURII CAUZALE ÎN DREPTUL PENAL(CEP USM, 2024) Ciobanu, Igor; Cotruță, ArturIn the science of criminal law, multimple opinions are found with reference to the essence of the causal link and its role in criminal law. These vievs, laid out logically and conceptualy ,constitute the criminal law theories of causation. It is not necessary to dwell here on the essence of these theories in part, because a wide spectrum of works in the targeted field is devoted to them.Item VIOLENȚA ÎN FAMILIE – STAREA, STRUCTURA ȘI DINAMICA FENOMENULUI(CEP USM, 2022) Ciobanu, Igor; Cotruţă, ArturDomestic violence is one of the most common forms of violence, but also one of violence, but also one of the most worring, because it is hardly visible. In most cases the acts of violence take place behind closed doors and the hidden by victim, due to the feeling of fear of the aggressor, and the shame to the society.Item INȚSTITUȚIA AVOCATURII LA ÎNCEPUTURI ÎN ROMANIA(CEP USM, 2020) Ciobanu, IgorThe right of representation is an institution whose need is subsequently justified by the development and complex relations of social life in the late eighteenth and early eighteenth centuries, with the emergence of social classes to cope with the goods and the holding function of the state, soon became big compact of foreigners. Because of these needs, the representation in justice as an institution seems to confuse its right of defence.Item ELEMENTE DE STATISTICĂ CRIMINOLOGICĂ(CEP USM, 2022) Ciobanu, IgorThe authors aim in the paper to detect and highlight the socio-economic factors that were the basis for the commission of crimes by detainees in penitentiaries in the Republic of Moldova. It was found that most the convicted people are illiterate, and with unifinished primary and secondary education about 60% the unemployed is another imposing in the category of social status about 77% for recidivism are convicted in prisons about 58,1% of people.Item INFRACȚIUNI CONTRA VIEȚII ȘI CONTRA INTEGRITĂȚII CORPORALE ÎN SPAȚIUL ROMÂNESC(CEP USM, 2020) Ciobanu, Igor; Cotruţă, ArturItem DREPTUL ŞI BISERICA ORTODOXĂ DIN PRINCIPATE/REGAT, TRANSILVANIA, BASARABIA ŞI BUCOVINA ÎN ANII 1831-1914(CEP USM, 2021) Ciobanu, Igor; Cotruța, ArturIn the Romanian space, Christianity appeared in the 3-4 centuries, the local church was affiliated to the Orthodox Christian church. Over time, dogmas, customs, writings, the Bible greatly influenced justice in the region. In the 19th century, the Romanian space had been divided between several empires, being, however, also the united Romanian principalities. In the occupied areas, religion was an instrument in division and leadership, in the principalities the liberal and modernist ideas of the time predominated. In all regions in the laws there were criminal articles related to crimes against the church as well as sanctions for the people of the church. A classic crime differed enormously if the subject or victim of the crime was a servant of the cult or a simple citizen.Item INFRACȚIUNILE CONTRA STATULUI ÎN DREPTUL PENAL ROMÂNESC(CEP USM, 2019) Ciobanu, Igor; Cotruță, ArturItem DREPTUL ȘI BISERICA ORTODOXĂ DIN PRINCIPATE/REGAT, TRANSILVANIA, BASARABIA ȘI BUCOVINA ÎN ANII 1831-1914(CEP USM, 2021) Ciobanu, Igor; Cotruță, ArturIn the Romanian space, Christianity appeared in the 3-4 centuries, the local church was affiliated to the Orthodox Christian church. Over time, dogmas, customs, writings, the Bible greatly influenced justice in the region. In the 19th century, the Romanian space had been divided between several empires, being, however, also the united Romanian principalities. In the occupied areas, religion was an instrument in division and leadership, in the principalities the liberal and modernist ideas of the time predominated. In all regions in the laws there were criminal articles related to crimes against the church as well as sanctions for the people of the church. A classic crime differed enormously if the subject or victim of the crime was a servant of the cult or a simple citizen.