Facultatea de Drept / Faculty of Law
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Item LIBERAREA DE RĂSPUNDERE PENALĂ ÎN LEGĂTURĂ CU RENUNȚAREA DE BUNĂ VOIE LA SĂVÂRȘIREA INFRACȚIUNII(CEP USM, 2024-11-07) Gladchi, GheorgheThe issue of the legal nature and effects produced by voluntary abandonment of committing a crime is controversial and has occasioned different opinions in modern criminal science. The current Criminal Code recognizes voluntary abandonment of committing a crime as a way of releasing from criminal liability. This paper analyzes the main viewpoints from legal literature as well as from the legislator regarding the definition of the concept of voluntary abandonment of committing a crime and establishes its legal nature. In this context, the conditions that must be met for the existence of voluntary abandonment of committing a crime are established, and the considerations taken into account by our legislator in the case of regulating voluntary abandonment of committing a crime are specified. The manifestation of voluntary abandonment is analyzed both during the preparation acts and the attempt of the crime, including in the case of interrupted attempt and consummated attempt. Special attention is given to the liability of participants in the case of their voluntary abandonment. According to the author, voluntary abandonment of committing a crime cannot be considered a way of releasing from criminal liability because, by its legal nature, it differs from the institution of release from criminal liability. Unlike other ways of releasing from criminal liability, voluntary abandonment of committing a crime is a circumstance that excludes criminal liability for the crime that was not completed due to the perpetrator’s voluntary abandonment.Item ПРАВОВОЕ РЕГУЛИРОВАНИЕ ОТВЕТСТВЕННОСТИ ЗА ДОМАШНЕЕ НАСИЛИЕ: ОПЫТ УКРАИНЫ(CEP USM, 2024) Евтушенко, ДарьяThe author analyzes the legal regulation of liability for domestic violence in Ukraine, highlighting the basic legal acts that enshrine the concept, signs, and characteristics of such an unlawful act. The author identifies the competent authorities under Ukrainian law whose competence includes prevention, counteraction, and suppression of domestic violence. The concept of an abuser and a child abuser is defined, taking into account the peculiarities of the subject of domestic violence. The distinction between administrative and criminal liability is made, indicating the specifics of each type of liability for domestic violence. The role and importance of preventive activities of law enforcement agencies to prevent domestic violence are determined.Item CERCETĂRILE DOCTRINARE CU PRIVIRE LA RĂSPUNDEREA PENALĂ PENTRU FABRICAREA SAU PUNEREA ÎN CIRCULAŢIE A SEMNELOR BĂNEŞTI FALSE SAU A TITLURILOR DE VALOARE FALSE(CEP USM, 2024) Roşca, CarmenIdeile și concepțiile științifice de o valoare netăgăduită privind infracţiunile, ce sunt prevăzute la art. 236 din Codul penal al Republicii Moldova, au fost valorificate de către: V. Berliba; S. Brînza; R. Cojocaru; L. Gîrla; C. Gurschi; V. Stati; Iu. Tabarcea (Republica Moldova); F. Duvac; N. Neagu; I. M. Rusu (România); V. Ivașcenko; I. M. Mihailov; I. V. Sângaivska (Ucraina); I. E. Maksimova (Rusia). Acești doctrinari își îndreaptă privirea cu preponderență asupra problemelor de natură juridico-penală ale fabricării sau punerii în circulaţie a semnelor băneşti false sau a titlurilor de valoare false, care nu pot fi ignorate în procesul perceperii naturii juridice a răspunderii penale pentru fabricarea sau punerea în circulaţie a semnelor băneşti false sau a titlurilor de valoare false.Item SUBIECTUL ACTIV ȘI SUBIECTUL PASIV ÎN CAZUL INFRACȚIUNII DE ORGANIZARE A MIGRAȚIEI ILEGALE(CEP USM, 2024) Frumusachi, VictorAs the illegal crossing of the state border is provided for by art. 362 of the Criminal Code of the Republic of Moldova, and the violation of the rules of stay/transit are provided through the lens of contraventional liability, the possibility of exempting from criminal liability the person who illegally enters/leaves the country, but also the person who illegally stays/transits the territory of the country cannot be dictated. The extension of the exemption from criminal liability for the possession and use of false official documents for the purpose of organizing his illegal migration creates multiple unjustified interpretations.Item PEDEAPSA PENALĂ ÎNTRE SCOP ȘI RISC(CEP USM, 2024) Vasiliu, LiubaThe existence of a framework of penalties in criminal law is a decisive legal and criminal law role and purpose. It ensures, first and foremost, the principle of the legality of penalties and guarantees the applicability of criminal law mechanisms and instruments against crime. The risk of the framework of penalties arises at the time oftheir individualization, because in addition to their general objective nature, which is clearly established and regulated, there is the individual subjective nature, which unfortunately cannot be fitted into a normative template.Item UNELE CONSIDERAȚIUNI PRIVIND LIBERAREA DE RĂSPUNDERE PENALĂ A MINORILOR(CEP USM, 2024) Russu, ValentinaPreventing and combating juvenile crime continues to remain a priority within the criminal policies of states, a fact determined by the specific features of juvenile delinquency. The international standards in the field of juvenile justice direct the states towards a policy focused on preventive measures, and the bringing of the minor to criminal responsibility and the application of punishments should be done only when the purpose of the criminal law cannot be achieved by using coercive measures of an educational nature. In this scientific approach, the author argues the importance of the institution of the release of minors from criminal liability, identifies the particularities and specific conditions of application.Item EROAREA ȘI IMPORTANȚA EI ÎN DREPTUL PENAL(CEP USM, 2024) Gladchi, GheorgheThe problem of the classification of the crime and criminal liability in the case of the perpetrator's error is controversial and has given rise to the expression of different opinions in the specialized literature. The concept of error is under these conditions a concept loaded with novelty and overwhelmed by multiple perspectives that its treatment can offer. The error is not regulated by our criminal law, therefore the attribute of defining the error and developing the rules regarding its influence on the form of guilt and criminal liability belongs to the science of criminal law. There are multiple attempts by the doctrine to define this notion, including the notions of error of law and error of fact. The paper analyzes the main points of view from the legal literature regarding the definition and explanation of the notions of error, error of law and error of fact. In this order of ideas, the main features of the error of law and the error of fact are highlighted. Classification criteria and various classifications of error are appreciated. The influence of the legal and factual error modalities on the legal assessment of the committed deed, the classification of the crime and criminal liability is analyzed. A special look is given to the establishment of the rules for the qualification of crimes in the case of the modalities of the factual error: the error in the object of the crime, the error in the nature of the action or inaction, the error in the prejudicial consequences, the error in the causal link, the error in the circumstances that aggravate the liability, etc. It is proposed to introduce into the current Criminal Code a rule that would stablish the signs of legal and factual error,as well as the rules of ualification in case of their existence.Item INDIVIDUALIZAREA RĂSPUNDERII INTERNAȚIONALE PENALE PENTRU NERESPECTAREA NORMELOR PRIVIND PROTECȚIA BUNURILOR CULTURALE ÎN CAZ DE CONFLICT ARMAT(2017) Dorul, OlgaThe subject of the individualization of international criminal liability in case of violation of the international norms on the protection of cultural property in the event of armed conflicts has been questioned due to the evolution of international humanitarian law but mainly due to the emergence and development of international criminal law. Whether the problem of international responsibility of states no longer raises controversy among doctrines, then because of the latest developments in the field of international criminal law, it is necessary to identify the basis of international individual liability and to determine the conditions for engaging the international criminal liability of individuals.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.Item О НЕКОТОРЫХ ПРОБЛЕМАХ, ВОЗНИКАЮЩИХ ПРИ ПРИМЕНЕНИИ ЗАКОНОВ, УСТАНАВЛИВАЮЩИХ УГОЛОВНУЮ ОТВЕТСТВЕННОСТЬ ЗА НАРУШЕНИЕ ПРАВИЛ ДОРОЖНОГО ДВИЖЕНИЯ(2017) Сосна, Александр; Тарлев, ДмитрийВ статье освещается уголовная и административная ответственность за нарушение правил дорожного движения. При этом обращается внимание на нормы законов, которые, по мнению авторов, следует изменить, и предлагаются соответствующие изменения.