Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Stati, VitalieEnd date: 2022

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Now showing 1 - 10 of 62
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    Cu privire la posibila neconstituționalitate a lit. B1) alin. (2) art. 327 din Codul Penal
    (CEP USM, 2021) Stati, Vitalie
    Due to the difference of motives, it is possible to establish the exact limit that separates the sphere of application of para. (1) art. 327 of the Criminal Code from the sphere of application of let. b 1 ) para. (2) art. 327 of the Criminal Code. As a result, there is no risk that this limit will be set on the basis of arbitrary and discretionary criteria by those empowered to apply criminal law. Consequently, the potential litigant is not deprived of the possibility to reasonably foresee in which conditions he (she) would respond based on para. (1) art. 327 of the Criminal Code and, respectively, in which conditions he (she) would answer based on let. b1 ) para. (2) art. 327 of the Criminal Code. The content of the let. b 1 ) para. (2) art. 327 of the Criminal Code is certain and does not overlap with the content of para. (1) of the same article. Consequently, it can be stated that the text “committed out of material interest, for the purpose of pursuing other personal interests or in the interest of a third party”, used in let. b 1) para. (2) art. 327 of the Criminal Code, passes the predictability test. This text should not be declared unconstitutional.
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    Femicidul privit prin prisma legii penale a Republicii Moldova
    (CEP USM, 2022) Brînza, Serghei; Stati, Vitalie
    The purpose of this article is to establish both the content of the notion of femicide and the opportunity to criminalize the act of femicide in the legislation of the Republic of Moldova. It is concluded that the commission of femicide is conditioned by the gender of the victim. Which means that the perpetrator deprives the victim of her life precisely because she is a woman or a girl. In the Republic of Moldova there are no conditions for the distinct criminalization of femicide. Based on the provision from letter l) paragraph (2) art. 145 of the Criminal Code of the Republic of Moldova states the concept that: 1) women and men are equal before the law; 2) the type and size of the penalty for murder does not depend on the sex/gender/gender identity of the victim. Currently, in the Republic of Moldova, we do not see “very important” reasons for gender inequality, embodied in the distinct criminalization of femicide, to be considered compatible with the Convention for the Protection of Human Rights and Fundamental Freedoms.
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    Coautoratul impropriu în modalitatea „Intenție – lipsă de vinovăție”: o abordare din perspectiva legii penale a Republicii Moldova [Articol]
    (Editura USM, 2022) Stati, Vitalie
    The notion of “improper co-authorship” is not known to the criminal law of the Republic of Moldova. This notion is part of a broader noti on – “improper participation” – which is used in Romanian criminal law. The last notion is based on the theory of improper participation, which was deve loped by Romanian doctrinaires. The theory of improper participation is cha racterized by the fact that some participants act intentionally, while others act by imprudence or without guilt. The arguments presented in this investigation confirm that, in the context of the criminal law of the Republic of Moldova, the theory of improper participation is complementary to the theory of the medi ated author. Improper co-authorship in the manner “intent – lack of guilt” is found in the aggravating circumstance of “two or more persons”, recorded in the special part of the Criminal Code of the Republic of Moldova, if the act, pro vided by criminal law, is committed by two direct perpetrators – one of whom is criminally liable and the other is not.
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    Încălcarea drepturilor cetățenilor prin propagarea fascismului, a rasismului, a xenofobiei și prin negarea holocaustului: analiză de drept penal [Articol]
    (CEP USM, 2022) Stati, Vitalie
    În cadrul studiului de față, scopul preponderent este cel de examinare a semnelor constitutive ale infracțiunilor prevazute la art. 1761 din Codul Penal al Republicii Moldova. În acest articol, se reunesc patru variante-tip de infracțiuni. Astfel, se stabilesc urmatoarele semne constitutive ale acestor infracțiuni: obiectul juridic special, obiectul material (imaterial) și produsul, acțiunea prejudiciabila, modul și metoda de savârșire, forma și tipul de vinovăție, motivul și scopul, subiectul. În paralel sunt prezentate argumente privind calitatea redusă a art.1761 din Codul Penal al Republicii Moldova.
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    Tendințe îngrijorătoare ce afectează practica aplicării art.190 din Codul penal [Articol]
    (CEP USM, 2020) Stati, Vitalie
    The purpose of the present investigation is to analyze problems that adversely affect the application of art.190 of the Criminal Code as a result of the entry into force of Law no.179/2018. Thus, in some cases from the judicial practice, the courts find the lack of conditions for the application of the para.(1) art.190 of the Criminal Code and of the art.105 of the Contraventional Code. However, despite this fact, the courts issue not a sentence of acquittal, but a sentence of termination of the criminal proceeding. In other cases from the judicial practice, the determination of the considerable nature of the damages caused by the fraud is made on the basis of criteria that are not provided by the criminal law, manifestly disagreeing with the provision of para.(2) art.126 of the Criminal Code. In other cases, art. 105 of the Contraventional Code is applied in hypotheses it does not provide, which is equivalent to applying the contraventional law by analogy.
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    Momentul de consumare a infracțiunilor cu modalități normative alternative [Articol]
    (CEP USM, 2022) Brînza, Serghei; Stati, Vitalie
    Common to offenses with alternative normative modalities of the prejudicial act is that they can be committed in any of the normative modalities of the prejudicial act. Any of the normative modalities of the prejudicial act expresses the typicality of the corresponding offense. Regardless of the number of normative modalities that the committed act records, the offense will be a single one. The prolonged offense cannot be considered consumed from the moment of committing the first criminal act that constitutes the prejudicial act. To state the contrary means to confuse (in terms of the moment of consumption) the prolonged offense with the offense with alternative normative modalities of the prejudicial act. Participation is possible at any stage of committing the offense with alternative normative modalities of the prejudicial act, but until its consumption. It is important that the intention of the intervention of a new co-author, who is to carry out another normative modality of the prejudicial act, to be formed either until the realization by another co-author, of the previous normative modality of the prejudicial act, or in the process of realization by a another co-author of the previous normative modality of the prejudicial act.
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    PROTECȚIA PENALĂ A MINORULUI: DEFICIENȚE LEGISLATIVE ȘI CONTROVERSE JURISPRUDENȚIALE
    (CEP USM, 2022-09-30) Stati, Vitalie
    Examining the provisions of the criminal law and judicial practice in criminal matters demonstrates that the protection of minors is not always effective. In this article, the following legislative deficiencies and jurisprudential controversies that negatively affect the criminal protection of minors are analysed: 1) failure to take into account in the case of certain manifestations of domestic violence the quality of the minor as a victim of the crime; 2) the absence of norms that would provide for liability for ill-treatment of minors and nonsexual harassment of minors; 3) the absence in article 782 of the Contravention Code of a provision that would ensure the aggravation of liability if the victim is a minor; 4) the nonunitary practice of applying liability in the case where, as a result of the influence of the adult perpetrator on a minor, the crime is committed by the minor, together with the adult perpetrator. Effective solutions are proposed in the article in order to overcome the legislative deficiencies and jurisprudential controversies that have been reported.