Facultatea de Drept / Faculty of Law

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    Latura obiectivă a infracţiunilor de amestec în înfăptuirea justiţiei şi în urmărirea penală (art. 303 CP RM)
    (CEP USM, 2024-09-20) Bragoi, Constantin
    The scientific article is dedicated to examining the objective side of the offenses of interference with the administration of justice and criminal prosecution, criminalized under Article 303 of the Criminal Code of the Republic of Moldova. The paper investigates actions of interference, in any form, in the trial of cases by national or international courts, as well as actions of interference, in any form, in the activities of criminal investigation bodies or the personnel of international courts.The main goal is to provide a clear understanding of acts of interference in judicial activities and criminal prosecution, offering a solid basis for the correct application of the law. The study also includes an examination of the moment of completion of the analyzed offenses, as these are formal offenses.
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    CRIMINALITATE ORGANIZATĂ ÎN LEGISLAȚIA PENALĂ ROMÂNĂ
    (CEP USM, 2024) Bâlc, Mihai Bogdan
    The explores the ways in which Romania addresses and regulates offenses associated with organized crime. The analysis focuses on existing legislative provisions and how they have evolved to respond to current threats of organized crime. The study highlights the implementation of European Union framework decisions and their alignment with national legislation, particularly regarding aspects related to defining, preventing, and combating organized crime.It also examines how existing laws in Romania, including amendments, align with international standards and European requirements. While ecognizing progress in adopting and adapting legislation, the article identifies challenges and potential areas for improvement. In addition to legal aspects, the study explores the practical impact of the legislation on the approach and combating of organized crime in Romania. It also addresses perspectives and recommendations for the future, considering social and technological changes that may influence the dynamics of organized crime. Through a critical analysis of existing legislation and practices, the article contributes to understanding the context and evolution of the fight against organized crime in the Romanian legal landscape.
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    NEPROFESIONALISMUL MEDICAL PRIN PRISMA DREPTULUI PENAL
    (CEP USM, 2024) Pisarenco, Constantin
    In modern medical practice, the issues of professional liability of specialists for medical errors are becoming increasingly relevant. In the context of criminal law, this problem becomes especially acute, as it concerns not only the reputation and career of the doctor, but also the freedom of the individual. This article is a comprehensive analysis of medical unprofessionalism from the point of view of criminal law, relying on international and national legislative acts, judicial practice and scientific research in this area. The results obtained allowed us to conclude that at present medical unprofessionalism requires a comprehensive and multifaceted approach, where criminal law plays one of the key roles. Modern criminal legislation in the field of medicine needs modernization, taking into account technological progress, prevention, education and international standards.
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    TEORIA ADECVATĂ A LEGĂTURII CAUZALE ÎN DREPTUL PENAL
    (CEP USM, 2024) Ciobanu, Igor; Cotruță, Artur
    In the science of criminal law, multimple opinions are found with reference to the essence of the causal link and its role in criminal law. These vievs, laid out logically and conceptualy ,constitute the criminal law theories of causation. It is not necessary to dwell here on the essence of these theories in part, because a wide spectrum of works in the targeted field is devoted to them.
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    PERICOLUL SOCIAL REPREZENTAT DE INFRACȚIUNILE DE CRIMINALITATE ORGANIZATĂ
    (2024) Bâlc, Mihai
    Recent developments in the international arena highlight a resurgence of organized crime, demonstrated by the expansion of its geographical reach, as well as the diversification of illicit methods and means of generating profits, as well as the range of targets aimed by entities that initiate, plan, organize, support, or commit organized crime offenses. The social danger presented by crimes committed by criminal organizations stems from their tendency to undermine the authority of the state, not only by endangering the safety of citizens, but also by attacking the moral values of civil society. In these circumstances, the operations undertaken by organized crime groups have surpassed the realm of relative predictability in terms of motivations, modalities, and action objectives, leading to the conclusion that their promoters can carry out their operations anywhere in the world.
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    ANALIZA MATERIALELOR ȘTIINȚIFICE PRIVIND RĂSPUNDEREA PENALĂ PENTRU AMESTECUL ÎN ÎNFĂPTUIREA JUSTIȚIEI ȘI ÎN URMĂRIREA PENALĂ PUBLICATE PESTE HOTARE
    (2024) Bragoi, Constantin
    In this article, we aimed to analyze scientific materials in the field of crimes of interference in the administration of justice and criminal prosecution (art. 303 of the Criminal Code of the Republic of Moldova) published outside the borders of the Republic of Moldova. In the content of the paper, some ideas are capitalized, which derive from the comparative law analysis of the crimes provided for in art. 303 of the Criminal Code of the Republic of Moldova and analogous crimes, as they are regulated in the criminal law of other states. The interest in this subject turned out to be a special one, because studying the doctrinal experiences of other states has a considerable weight for the alignment of the criminal legislation of the Republic of Moldova with international standards.
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    ANALIZA JURISPRUDENȚEI CtEDO CU PRIVIRE LA ÎNCĂLCAREA DREPTULUI LA VIAȚĂ DE CĂTRE REPUBLICA MOLDOVA
    (Tipografia Artpoligraf, 2020) Pavlovschi, Stanislav; Cârnaț, Teodor
    In the contemporary era, great steps were taken towards the development of the principles and standards in the field of the protection of human rights. Human life has thus obtained a central position within treaties, among which, the European Convention on Human Rights. The Republic of Moldova, following its membership to the Council of Europe and its ratification of the Convention, has committed to respect all the rights guaranteed by the latter, including the right to life.However, over the years, the state has failed to exercise its obligation fully, as the European Court of Human Rights has found violations which resulted in Moldova’s conviction. The article aims to analyze the cases lost by Moldova,which are relevant to the topic, as well as the position of the Supreme Court of Justice and the Constitutional Court on the matter.
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    ANALIZA JURIDICO-PENALĂ A LEGISLAȚIEI ÎN UNELE STATE CU O DEMOCRAȚIE CONSACRATĂ PRIVIND INCRIMINAREA INFRACȚIUNILOR ELECTORALE ȘI CORUPERII ALEGĂTORILOR
    (CEP USM, 2020) Tanas, Ghenadie
    Most often, states with a consolidated and stable democracy have systems of law that effectively protect the institutions of the rule of law and the democratic exchange of state power within an honest electoral competition. Due to the legal maturity of the legal systems, the criminal laws in Germany, Austria and the United Kingdom, the study of the issues related to the regulation and incrimination of the corruption facts of the voters and other election crimes, in the legislation of the listed states, is of particular interest. The aspects of incrimination are analyzed, mechanisms for voter accountability and mechanisms to prevent and combat fake news.
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    FENOMENUL CONSTITUȚIONALIZĂRII ÎN DREPTUL PENAL
    (Tipografia Artpoligraf, 2021) Bordianu, Adrian
    The chosen topic sets forward the interest of an interdisciplinary approach, but also an innovating vision on the intersection of two law branches. We propose the analysis of criminal law constitutionalization due to the general trend in which criminal law is equally subscribed, namely that of conventionalization and constitutionalization of law. Moreover, the study of the two law branches is relevant given the highly intimate connections between them, through rendering more effective the protection of fundamental rights and liberties. The problem or hypothesis raised is” What is the starting point and how does theprocess of constitutionalization of the criminal law acts/functions?”, implicitly admitting the existence of such a phenomenon, highlighting the relations between criminal law and the Constitution, respectively of the means of constitutionalization and the effects of this phenomenon.
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    ANALIZA JURISPRUDENȚEI CEDO CU PRIVIRE LA ÎNCĂLCAREA DREPTULUI LA VIAȚĂ DE CĂTRE REPUBLICA MOLDOVA
    (Artpoligraf, 2020) Pavlovschi, Stanislav; Cîrnaţ, Teodor
    In the contemporary era, great steps were taken towards the development of the principles and standards in the field of the protection of human rights. Human life has thus obtained a central position within treaties, among which, the European Convention on Human Rights. The Republic of Moldova, following its membership to the Council of Europe and its ratification of the Convention, has committed to respect all the rights guaranteed by the latter, including the right to life.However, over the years, the state has failed to exercise its obligation fully, as the European Court of Human Rights has found violations which resulted in Moldova’s conviction. The article aims to analyze the cases lost by Moldova,which are relevant to the topic, as well as the position of the Supreme Court of Justice and the Constitutional Court on the matter.