Facultatea de Drept / Faculty of Law
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Item SINTEZA PROBLEMATICII INCRIMINĂRII INFRACŢIUNII DE PROXENETISM(CEP USM, 2021) Hamâc, DianaIn the current period, as though it would seem that sexuality is a normality and everyone has access to have a stable life partner, sexual offenses are still a thing in the so called criminal catalog of Republic of Moldova. In this s ense, we can say with certainty that p rostitution as an element of society has existed, exists and will continue to exist. This activity, which is widely criticized, is a component part of our society, which, depending on the level of culture and the level of acceptance of those around it has different perspectives to it.Whether we talk about prostitution, pimping or trafficking of human beings, the dignity and future of each victim has major importance.Item CONFISCAREA ÎN CAUZELE DE TRAFIC DE PERSOANE ȘI PROXENETISM(CEP USM, 2020) Reniţă, GheorgheConfiscation in the criminal case could concern movable and/or immovable goods. At the same time, the confiscation of property must be considered an interference with property rights.However, property rights are not absolute, but relative. It may be subject to limitations, which must be provided by law, to pursue a legitimate purpose and to be proportionate to the purpose pursued. Therefore, by balancing, on the one hand, the property right, and, on the other hand, the imperative of preventing and combating crimes of human trafficking and pimping, as a rule, the former must give in to the latter.Item EXPLOATAREA SEXUALĂ A MINORILOR-PROXENETISM, PROSTITUȚIE ȘI ABUZ(CEP USM, 2022-09-30) Hamâc, DianaA Child – is an adolescent, he/she represents the youth, it`s boy or girl in the first years of his/shes life, it is a naive person without any life experience. This are some definitions of the word Child. The child is that nucleus, that sprout, that needs a huge ammount of support, help and safety that can be provided by his parents, neighbor, a friend, or a random person and by society in general. The Child must not know sadness, pain, mistreatment and mockery. These experiences come in opposition to a proper, humane development of a child into a conscious adult. And such experiences as Sexual Exploitation of Minors-Pimping, Prostitution and Abuse which unfortunately take place nowadays, represent a precipice of global society.Item MINORUL – VICTIMĂ A INFRACȚIUNII DE PROXENETISM(CEP USM, 2022-09-30) Calmațui, EduardIn the present scientific research, we analyse the minor as victim of pimping crime. Among other things, it is stated that in the event that a person commits the action of determining a minor to practice prostitution, paragraph (1) art.208 Criminal Code RM „Attracting the minor to criminal activity or causing him to commit immoral acts” (with the specification that the subject of the crime has reached the age of 18) will be applicable, considering that the application of paragraph (1) art.208 Criminal Code RM is more favourable to the perpetrator, compared to the application of paragraph (1) art.220 Criminal Code RM. It is argued the necessity of differentiating criminal liability in the sense of aggravation in the case of pimping a minor. At the same time, the relevance of the minor victim's consent/non-consent to practice prostitution in qualifying the act as pimping is examined.Item ASPECTE DE DREPT COMPARAT PRIVIND REGLEMENTAREA RĂSPUNDERII PENTRU INFRACŢIUNEA DE PROXENETISM(CEP USM, 2021) Mamacova, ZoiaComparative Law is the study of differences and similarities between the law (legal systems) of different countries. The main characteristic of contemporary comparative law is defined by the acquired latitude, or thus all the systems of contemporary humanity are reflected. The primary functions of comparative law being the knowledge of national law and the normative function.Item HĂRȚUIREA SEXUALĂ – PUNCT COMUN AL CONTRAVENȚIEI DE PRACTICARE A PROSTITUȚIEI ȘI AL INFRACȚIUNII DE PROXENETISM(CEP USM, 2022) Hamâc, DianaFlirting, attraction, closeness - is it all that dangerous for a lady or not? What about a prostitute? What about the victim of pimping? These are questions that need to be discussed and analyzed closely. As well, harassment is a factor, which unfortunately is a topical issue in our days. Thus, in this paper I aim to do a tangential analysis of these matters and the connection with the crime of pimping.Item UNELE ASPECTE PRIVIND VICTIMA INFRACȚIUNII DE PROXENETISM(CEP USM, 2022) Calmațui, EduardIn the present scientific research, we analyse the victim of the pimping crime from the perspective of criminal law. We found that in case of pimping offences as a victim can evolve both: woman and man. Thus, the particularities of the victim do not imply importance in the qualification of the deed, except of the hypothesis provided in l. b) para. (2) art. 220 Criminal Code of the Republic of Moldova – pimping committed on a pregnant woman. At the same time, we elucidated the significance of the victim’s assent to the legal classification of the deed based on art. 220 of the Criminal Code of the Republic of Moldova and we formulated some proposals of lex ferenda. In the present research we referred to the criminal laws of other states.Item SOCIETATEA DESCHISĂ, SECURITATEA ȘI DREPTURILE OMULUI ÎN CORAPORT CU INFRACȚIUNEA DE PROXENETISM(Tipografia Artpoligraf, 2021) Hamâc, DianaSociety is a group of individuals who rely on each other to be a whole, to act separately, and to express continuity. Human rights and security are elements that must be and are meant to be respected by everyone, so that science can exist in a pleasant and ubiquitous atmosphere. And no matter how pleasant or unpleasant it may be, society cannot exist without crime and lawlessness. Or crimes are the product of society.Item REGLEMENTAREA RĂSPUNDERII PENTRU PROXENETISM: ASPECTE DE DREPT COMPARAT(Artpoligraf, 2020) Calmațui, EduardIn this study, the crime of pimping specified in art. 220 of the Criminal code of Republic of Moldova is subjected to comparative analysis with similar offenses provided in the criminal laws of some foreign states. In this way, the similarities and differences of the examined offenses are discussed. Considering the legislative experience of the foreign states, in order to improve the national provisions regarding the examined crime, it was proposed to insert a new letter in paragraph (2) of art. 220 of Criminal Code of Republic of Moldova, with the aggravating circumstance „on a minor”.Item INFLUENȚA SOCIETĂȚII INFORMAȚIONALE ASUPRA FENOMENULUI PROXENETISMULUI(Artpoligraf, 2020) Hamâc, DianaThe information society is at an extraordinary level nowadays. Its evoultion is amazing and frightening at the same time and it led to the development and worsening of various criminal phenomena. The misdemenour of pimping has a strong connection with the information society and it is very interesting to see how it will evoluate in time.