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CNAA / Theses / 2009 / June /

Pluralitatea de infracţiuni


Author: TALOŞ Constantin
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:2009
Scientific adviser: Victor Moraru
doctor, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 26 June, 2009
Approved by NCAA on the 5 November, 2009

Abstract

Adobe PDF document – 0.35 Mb / in romanian

Keywords

Plurality of crimes, fictive plurality of crimes, real plurality of crimes, concurrence of crimes, ideal concurrence of crimes, real concurrence of crimes, homogeny concurrence of crimes, heterogeneous concurrence of crimes, unity crime, legal unity crime, natural unity crime, recidivism, recidivism’s terms, form of recidivism, terms antecedents, simple recidivism, danger recidivism, very danger recidivism, recidivist.

Summary

This thesis is dedicated to the scientific investigation of the questions of the plurality of crimes, in which is examinated theoretical san practical area of this juridical institute.

In process of issue of this dissertation research was used a large juridical literature and given to the judicial opinion combining, thus, the theory with law activity related to plurality of crimes. Thesis was written regarding the lat modification of criminal low of Republic of Moldova related to unity and plurality of crimes, being interpreted in adequate mode by the author.

The first chapter of dissertation is carried out to study a general issues for the crystallization of concept, kinds, characters, and juridical nature of plurality of crimes. Also in the same chapter author propose criteria of delimitation of plurality of crimes from other institutes of criminal low, in coordination of identical signs with practical resonance.

In the second chapter author makes a complex research of concurrence of crimes, like a form of plurality of crimes, through evidence of conceptual characteristics, typology and structural configuration of them. One of the elements of novelty is this chapter is proposes to modify criminal low of Republic of Moldova in context of critical examination of the delimitation of concurrence of crimes from other forms of unity crime. From the pragmatic point of view there is makes a reference at some reference with high practical utility for the identification of concurs of crimes from unity of crime. Not in the last point is canalized problem of punishment of concurrence of crimes, in special regarding to some lacks in criminal low and proposes to elimination of them.

The last chapter is dedicated to recidive of crimes and plurality of crimes, thought analyze of concept, juridical nature, characters, forms and punishment of them. A great attention is accorded to possibility of identification of intermediary plurality in criminal of Republic of Moldova, in this context were promoted some original conclusions in sense to improve criminal doctrine.