Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Stati, VitalieSubject: search.filters.subject.blackmail

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    PRACTICA APLICĂRII RĂSPUNDERII PENALE PENTRU HĂRȚUIRE SEXUALA : PROBLEMATICA ȘI PERSPECTIVE DE SOLUȚIONARE
    (CEP USM, 2022) Stati, Vitalie; Botnarenco, Mihaela
    The purpose of this article is to examine the errors of application of art.173 Criminal Code of Republic of Moldova (further CP RM). As a result of the study, the following conclusions are formulated: in frequent cases in judicial practice, the explanations from point 18 of the SCJ Plenum Decision no. 17/2005 are ignored; errors in the application of art.173 CP RM continue to be admitted, of which we note: a) physical coercion is interpreted as a form of manifestation of physical behavior within the meaning of art.173 CP RM; b) taking advantage of the person's inability to defend himself or express his will is seen as a way to achieve sexual harassment; c) the threat of violence is considered a threat within the meaning of art. 173 of the CP RM; d) there is no clear delimitation between threat and blackmail, seen as normative modalities of the adjacent action within sexual harassment. In conclusion, in order to ensure the application of art.173 CP RM in accordance with the principle of legality, it is proposed to improve this article.
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    SUGESTII ȘI OBSERVAȚII PE MARGINEA UNOR PROIECTE DE HOTARARI ALE PLENULUI CURŢII SUPREME DE JUSTIŢIE
    (2017) Stati, Vitalie
    The object of this investigation is the four draft decisions issued to amend and complete the Supreme Court of Justice’s Plenary Decision no.20 from 08.07.1999, the Supreme Court of Justice’s Plenary Decision no.23 from 29.10.2001, the Supreme Court of Justice’s Plenary Decision no.16 from 07.11.2005 and the Supreme Court of Justice’s Plenary Decision no.4 from 19.06.2006. These decisions highlight the interpretation of art.189, art.236, art.264, art.2641, art.265, art.266 and of art.287 PC RM. As a result of this analysis, there are recommended practical solutions to improve the draft decisions mentioned above. The recommendations purpose is to make the application of art.189, art.236, art.264, art.2641, art.265, art.266 and of art.287 PC RM more efficient and standardized