Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Stati, VitalieSubject: search.filters.subject.domestic violence

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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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    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.