Facultatea de Drept / Faculty of Law
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Item Obiectul juridic special al infrastructurii prevăzute la art. 337 din Codul Penal(CEP USM, 2024-09-20) Balanel, IonThe content of this article pertains to the investigation of the special legal object of the crime of treason against the state. The significance of this article lies in the fact that the crime of treason against the state is considered one of the most severe offenses, undermining the sovereignty, independence, territorial integrity, and security of the Republic of Moldova. Examining the special legal object is crucial, especially in light of the changes that have occurred in the Penal Code following recent amendments.Item Incriminarea faptelor care atentează la viaţa sexuală(CEP USM, 2024-09-20) Doboş (Popa), Georgiana; Caia, Dănuț-GheorghițăSex life is an important attribute of human personality. Forcing a person of any gender to have a sexual act, as well as committing it through coercion, is one of the most brutal crimes and a serious violation of human dignity. Applying violence or any means of coercion to a sexual act is actually a serious form of violation of the person's freedom, implicitly sexual freedom.Item Particularităţi privind reglementarea contravenţiei de violenţă în familie în legislaţia altor state(CEP USM, 2024-09-20) Gherasimenco, VioletaDomestic violence is among the most serious human rights violations facing contemporary society worldwide, in whatever form it takes. Also, domestic violence is a violation of certain norms of conduct protected by various legal instruments. This phenomenon present in everyday reality, both as a misdemeanor and as a crime. The crystallization and affirmation of the offense of domestic violence in the legal framework is the result of a long process. A process in which the solutions differ from one state to another.Item FOLOSIREA TEHNOLOGIEI DE RECUNOAȘTERE FACIALĂ PENTRU PREVENIREA ȘI COMBATEREA INFRACȚIUNILOR(CEP USM, 2024-11-07) Reniţă, GheorgheThis paper attempts to answer the question of whether or not the use of facial recognition technology to prevent and, as the case may be, combat crime contravenes the Constitution/European Convention on Human Rights. In this sense, the case of Glukhin v. Russia is analyzed, in which the European Court of Human Rights established that the use of facial recognition technology in criminal trials generates an interference with the right to private life. As for the justified character of the interference, it is inevitable to ensure a fair balance between the goal pursued and the rights of the person. The solution may differ from case to case. However, it is certain that neither the Constitution nor the European Convention on Human Rights prohibit, per se, the use of facial recognition technology in criminal proceedings.Item VIOLENȚA ÎN MEDIUL ȘCOLAR: INCURSIUNE ÎN CADRUL SANCȚIONATOR AL ALTOR STATE(CEP USM, 2024) Gurev, Dorina; Botnarenco, MihaelaViolence in schools has become a significant concern worldwide. Therefore, it is not surprising that in recent decades, several states have developed legislative acts aimed at policies to combat this phenomenon and the nature of the social response to school violence. From these considerations, in the present study, we propose to examine specific provisions regarding the prevention of violence in schools, as well as to identify, from the legislation of Sweden, Italy, and the United Kingdom, best practices in combating violence in the educational environmentItem THE CRIME OF AGGRESSION IN INTERNATIONAL CRIMINAL LAW: LEGAL PROVISIONS AND GOVERNING PRINCIPLES(CEP USM, 2024) Florea, IrinaA universal peace represents one of the most desired dreams of humanity. However, the course of history has proved on every occasion that - its establishment is only done by imposing it by force. What would seem to be a universally recognized value and the exclusive prerogative of each nation, peace, is shown to be a less important priority, as long as the less vocal interests of states end up manipulating the international course of development. We believe in an increasing interdependence of states in the contemporary world, where all international relations are based on the constant exchange of techniques, information, trends, practices, cultures and values, and as a result, geopolitics and economicy, thus regulate the general direction of the global arrangement.Item PERICOLUL SOCIAL AL CRIMEI: ESENȚĂ ȘI MANIFESTARE(CEP USM, 2024) Bujor, ValeriuThe author elucidates the essence and manifestation of the social danger of crime as an objective-subjective characteristic, noting that it manifests dually: 1) that harm inflicted on the system of values and social liaisons protected by the state through legal means, the danger being directed towards the rule of law, fundamental values of the specific society, and vital interests of the individual within society and the state. This harm is of a social and political nature, manifesting through negative changes in various spheres of society: political, moral, psychological, economic, etc.; 2) that concrete harm inflicted on the vital interests of the individual, society, or state, objective harm in physical, material, organizational, and psychological terms. In this regard, we speak of the objectivematerial danger of the crime. Such manifestation of the social danger of crime is termed „prejudiciality”. The necessity of including in the normative definition of the offense the material sign – social danger is argued, and the following normative definition is proposed: the behavior that is socially dangerous and prohibited by criminal law under the threat of punishment, committed with guilt by an individual recognized as a subject of criminal law, shall be considered an offense.Item PROTECȚIA MIJLOACELOR DIN FONDURI EXTERNE ÎN LEGISLAȚIA PENALĂ A REPUBLICII MOLDOVA(CEP USM, 2024) Pântea, Serghei; Croitor, DionisSeven years after the adoption in 2016 of Law no. 105 to amend the Criminal Code of the Republic, and since 2022 Moldova has been granted by the European Union the status of a country-candidate for accession, the Government of Moldova brings back to the discussion the subject of the protection of financial means from external sources. The allocation of funds and financial support are eloquent tools in supporting the democracies and economies of states in transition, and the Republic of Moldova is not an exception, while the protection of the financial means of the European Union becomes more significant in the process of accession. In order to ensure a clearer intervention, into the legislation, we argue that the 2023 Draft law faces some deficiencies, and we suggest some remedies for purpose of improvement.Item PROVOCAREA ORGANIZATĂ ÎN CONTEXTUL JURISPRUDENŢEI CURŢII EUROPENE A DREPTURILOR OMULUI(2018) Scobioală, Diana; Poalelungi, MihaiÎn prezentul demers ştiinţific autorii au efectuat o analiză a conceptului provocării organizate în lumina jurisprudenţei degajate de Curtea Europeană a Drepturilor Omului, reliefând esenţa acesteia, particularităţile, principiile generale de organizare şi desfăşurare a operaţiunilor speciale ale agenţilor statului, precum şi garanţiile procesuale inerente dreptului la un proces echitabil în contextul respectiv. Au fost scoase în vizor principalele cauze în care forul contenciosului european s-a pronunţat asupra provocării organizate de către forţele poliţieneşti, un loc separat revenind jurisprudenţei dezvoltate versus Republica Moldova.Item UTILIZAREA MIJLOACELOR INTERZISE DE PURTARE A RĂZBOIULUI: DOCTRINĂ ŞI LEGISLAŢIE LA NIVEL NAŢIONAL ŞI INTERNAŢIONAL(Print-Caro, 2023-03-15) Soroceanu, IgorMankind has experienced various stages during its development period. Some of these being positive in periods of peace, others not desirable manifested through armed conflicts, military actions, other violent actions, etc. The analysis of the reality of these negative stages shows that the rules of conduct are violated by the participants in such activities. Under these conditions, the given activities were categorized as illegal and subject to criminal liability. One of these being the use of prohibited means of waging war, which we will analyze in the following order.