Facultatea de Drept / Faculty of Law

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    Violența în familie comisă în cyberspațiu
    (CEP USM, 2024) Reniță, Gheorghe
    This article starts from the premise that most crimes can be committed not only offline but also online. Thus, domestic violence can also be committed in cyberspace. Moreover, the concept of “cyberviolence” was outlined. This concept is found in several documents adopted under the auspices of the United Nations, the Council of Europe, and the European Union. More recently, the European Court of Human Rights has expressly emphasized that cyberviolence constitutes a form of domestic violence. It is about the cases of Buturugă v. România and Volodina v. Russia (no. 2). This article analyses the reasoning of the European Court of Human Rights. It is shown that cyberviolence against a family member generates a serious interference in the private life of the person, i.e., in the right guaranteed by art. 8 of the European Convention on Human Rights and, respectively, of art. 28 of the Constitution of the Republic of Moldova. And the national authorities have a positive obligation to conduct an effective investigation. Such an investigation must lead to the identification of the perpetrator, his punishment and compensation to the victim.
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    Confiscarea extinsă ca pedeapsă penală. Argumente pro sau contra
    (CEP USM, 2024) Garaba, Mihai
    Extended confiscation is an effective measure in deterring crime and ensuring compensation for victims. By applying this safety measure in the form of a punishment, the aim is not only to sanction the perpetrator, but also to recover the damage caused to society. This approach is considered necessary in the context of complex crimes and organized criminal activities. Conversely, counterarguments raise potential violations of individual rights, suggesting that extensive forfeiture might constitute excessive punishment. The actual effectiveness of this practice in crime prevention is also questioned. The duality of the arguments for and against extended forfeiture, exploring the implications of this method within contemporary criminal justice and emphasizing the need for a balanced approach to ensure respect for individual rights and to achieve the goals of justice and crime deterrence.
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    CONOTAȚII PRIVIND VICTIMA INFRACȚIUNII PREVĂZUTE LA ART.208 COD PENAL AL REPUBLICII MOLDOVA
    (CEP USM, 2022-09-30) Copeţchi, Stanislav
    In the present study is analyzed the victim of the crime provided in art.208 of the Criminal Code of the Republic of Moldova. It is concluded that any minor can appear as a victim of the crime provided for in art.208 of the Criminal Code of the Republic of Moldova, including the minor who has not reached the age of criminal liability. At the same time, it is shown that in the context of this crime, it is not necessary for the minor to understand the nature and degree of prejudice of his actions committed as a result of the psychological influence exerted by the adult, it being sufficient for the minor to understand the factual side of those committed. It is also demonstrated that the minor of a young age, as a rule, cannot appear as a victim of the stated crime.
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    INTERACŢIUNEA INSTITUŢIONALĂ ÎN CERCETAREA INFRACŢIUNILOR DE ÎMBOGĂŢIRE ILICITĂ
    (CEP USM, 2021) Ungurean, Ivan
    This article constitutes a comprehensive analysis of the institutional interaction through the paradigm of the investigation of offences of illicit enrichment involving new outlines and theoretical and practical development interests, as this subject, over the years, has not received due scientific attention in the criminalistic literature from the Republic of Moldova. This tendency is part of the international arena to transform and adapt the methods and processes aimed at creating legal instruments to be made available to the institutions responsible for the efficient investigation of offences of illegal enrichment. This is largely due, on the one hand, to the progress and international standard achieved and, on the other hand, to the community’s willingness to harmonize the national framework with that standard, which establishes the preeminence of law subscribed to the rule of law and the supremacy of law.
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    REFLECŢII PRIVIND NATURA JURIDICĂ A PROVOCĂRII INFRACŢIUNII
    (CEP USM, 2020) Copețchi, Stanislav
    În prezentul studiu este abordată instituţia provocării infracţiunii. Sunt stabilite criteriile de delimitare a provocării infracţiunii de circumstanţa atenuantă prevăzută la lit.g) alin.(1) art.76 CP RM (ilegalitatea sau imoralitatea acţiunilor victimei, dacă ele au provocat infracţiunea). Sunt identificate trăsăturile caracteristice provocării infracţiunii. Este dată apreciere juridico-penală faptei comise sub influenţa unei provocări. Se ajunge la concluzia că persoana provocată nu trebuie să răspundă penal pentru fapta comisă. Totodată, se argumentează necesitatea introducerii unui nou articol în Partea specială a Codului penal care să incrimineze provocarea infracţiunii.