Facultatea de Drept / Faculty of Law

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Subject: search.filters.subject.îmbogățirea ilicită

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    Aspecte ale participației penale în cazul îmbogățirii ilicite: perspective teoretico-practice [Articol]
    (Editura USM, 2022) Vîrlan, Petru
    The commission of a criminal act by a person inevitably con stitutes a loss, a damage caused to the whole society. The commission of a cri me by a group of people associated with clandestine purposes, presents in itself an increased means of danger, which when carried out causes negative con sequences, and which sometimes, unfortunately, cannot be remedied. If we are to make a connection between the crime we are analyzing, we obviously notice that with the commission of this crime, its special legal object is affected, name ly the social relations regarding the good performance of the service activity in the public sphere. The crime of illicit enrichment was, is and will not lose its relevance in the context of the development of social, economic and political relations. Given the fact that in the composition of this crime we find a special subject, which refers to a person with a position of responsibility or by a public person, we consider it imperative to report on this fact, especially when the discussion is about the participation criminal from the perspective of this crime.
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    Instrumente în curs de dezvoltare ale recuperării bunurilor infracționale [Articol]
    (2022) Scorpan, Alesea
    There is a global trend towards the widespread application of confiscation of criminal assets, especially those obtained as a result of corruption offenses. Given that criminals are becoming increasingly intelligent and already know the tools used by law enforcement agencies, it is becoming increasingly difficult to fight crime. Through this article we set out to research new methods used by other states or proposed by some authors in the field of recovery of criminal assets. We all know the tools such as confiscation, requests for international legal assistance, seizure, but these are the tools that float above the water, long visible and known not only by law enforcement agencies but also by criminals. What is of real interest are the instruments that are at the ,,bottom of the sea” where not every state had the courage to sink, but they found a real treasure, materialized in recovered criminal property. Some tools are taken from the practice of British law, others are just ideas from practitioners who have worked in the field of criminal property recovery. Confiscation of property is an important tool in the fight against crime, we do not deny the importance of official instruments, but we consider it appropriate to widen the limits imposed by national legislation in this field.
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    Îmbogățirea ilicită: aspecte teoretico-practice [Articol]
    (CEP USM, 2020) Vîrlan, Petru
    The novelty dimension of the thesis is marked by the fact that it represents a unitary and complex research of the phenomenon of illicit enrichment criminality in a narrow sense, where the issues regarding the criminal responsibility for the crimes under art. 2302 CP, in particular, emphasizing the contradictory opinions in the doctrine regarding the legal framing of the harmful facts and, as a result, proposals for the improvement of the normative framework so that it meets the requirements imposed by the principle of the lawfulness of the criminality. The theoretical importance of the thesis consists in the fact that the research was subjected to the main ideas within a vast theoretical and practical material regarding the complexity of the offenses stipulated in art. 2302 CP RM, being addressed problematic aspects of qualification or identified shortcomings of criminal-law criminality. The applicative value of the thesis is evidenced by the fact that it can be qualified as a theoreti cal basis for future adjoining investigations in the field of criminal law, as well as in the process of legislation and application of the norms stipulated in art. 2302 CP RM.
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    Îmbogățirea ilicită: aspecte teoretice și practice [Articol]
    (CEP USM, 2020) Kalughin, Victor
    In the present article we conclude that the criminal offence of illicit enrichment is inapplicable in the Republic of Moldova. We argue that the main cause of the mentioned inapplicability is of a constitutional nature, in concreto – art. 46 alin. (3) of the Constitution states the „presumption of legality of property” and imposes on the accusation body the duty to directly prove the illegal origin of property in criminal cases.