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Alternative measures to imprisonment in the criminal law of the Republic of Moldova


Author: Martin Daniel
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Year:2008
Scientific adviser: Victor Moraru
doctor, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 5 September, 2008
Approved by NCAA on the 23 October, 2008

Abstract

Adobe PDF document – 0.20 Mb / in romanian

Keywords

penalty, alternative measures to imprisonment, alternative penalty, international standards, efficiency of penalty, criminal liability, systems of criminal penalties, types of criminal penalties, imprisonment, fine, unremunerated social labor, deprivation of right to hold certain office or to carry out certain activity

Summary

The history of development of criminal law is, ultimately, a history of the development of criminal penalty. While in the recent past the criminal penalty was invariably identified with imprisonment, lately the approach to this issue has shifted. At the close of the XIXth century, legal theorists and, later, practi-tioners concurred that imprisonment as penalty has many flaws, mainly of so-cial nature, and thus, may not be considered a miracle cure for all types of criminal activities. This applies, first of all, to petty crimes. The overcrowding of prisons has uncovered a series of issues in the legal criminal policy of fight-ing against crimes, even in developed countries. This, in turn, has determined the reevaluation of attitudes towards imprisonment as penalty. In this respect, starting with the eighth decade of the XXth century, certain countries sought ways out of this situation, in particular, by applying measures alternative to imprisonment. This trend has been observed as well in the Republic of Moldova. In this respect, the new criminal legislation has a different approach to the issue of punishment. Not only has the list of non-imprisonment criminal penalties been extended, but the range of criminal offences subject to such pen-alties has been broadened as well.

The topicality of the selected subject stems from the need to analyze the entire range of issues concerning the implementation and practical application of alternative measures to imprisonment.

Based on the analysis performed, the author has put forward a series of proposals for the improvement of criminal legislation in the said field and for its harmonization with international standards