Facultatea de Drept / Faculty of Law

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    Concepţiile moderne cu privire la aplicarea pedepsei
    (CEP USM, 2024-11-07) Ciobanu, Igor; Cotruţă, Artur; Negruţă, Ana
    Modern conceptions of punishment bring back the retributive ideas of criminal sanctions. This time, retribution no longer appears as a revenge of society against the criminal, as a brutal robbery with him, but as an equal weighing of the two factors, deed and guilt, on the one hand, and punishment, on the other. Suffering, the essence of punishment, must be met with a justly proportionate application of the punishment. Promoting modern conceptions of punishment does not mean returning to the idea of blind revenge on the part of society, to causing irrational suffering only to frighten the criminal and those around him. The idea of retribution, of recompense for the committed deed, does not mean a robbery up to the physical elimination of the perpetrator, but, in a modern vision, it means a rational reaction of society to his antisocial acts.
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    The philosophical vision of legal punishment
    (Iași: Lumen Publishing House, 2021-05-26) Zaharia, Virginia; Pozneacova, Veronica
    The concept of punishment represents one of the most difficult legal issues that are related to the concept of human freedom and responsibility. Since Antiquity, the brilliant minds of humanity contemplated about the sense of punishment and the function of this institution. Each epoch analyses this concept from different aspects and some of them are reflected in the actual legislation. The most important principles of contemporary criminal law were expounded by the Ancient, Modern and Contemporary philosophers. The field of research of this article is the philosophy of punishment of criminal law. In this study, we have applied the method of historical research of the proposed topic, which gives us the opportunity to analyze the development of criminal punishment and its goals from a historical perspective. In this paper, we aimed to determine the philosophical base of the legal punishment that legitimizes the application of sanctions to the person who committed the crime. We established the importance of the theories developed by brilliant thinkers for the contemporary concept of penal retribution and legal regulation of this institution. This theme generates several discussions that are formed in the process of comparison and debating of the ideas of influential philosophers regarding the purpose of criminal punishment. Therefore, we consider that the analysis of the theories of great thinkers gives us the possibility to understand the complexity of the phenomenon of criminal punishment, and leads to the more effective application of state constraint towards the offender.
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    Conotații juridico-penale privind piramidele financiare [Articol]
    (2017) Bercu, Vlad; Digori, Pavel
    The practice of a financial pyramid it’s one of the examples of an activity that falls under the incident of art.2411 PC RM. This criminal component was introduced on 08 June of 2012 be the Law 128 for completion of some legislation, in order to improve the legal framework, as a result of the latest criminal. The financial pyramids represent a vice that puts under threat the economical security of the country, so the correct interpretation of art.2411 PC RM it has a substantial relevance for the establishment of some mechanisms to counter pyramidal scheme’s and to sanction the criminals. True light of criminal practice, the topic has an international notoriety, knowing about over 2000 cases of organization and practice of the activity true which are recruited new members, savers, with the promise of subsequent remuneration, if those at their thorn will recruit other persons. As the conclusion the practical point is that the social-economic impact of such an activity imposes the legislator to create a efficient legal basis, and the practitioners to apply correctly the legal norm.