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CNAA / Theses / 2009 / June /

Motives and subelement infractional purpose of the subjective type of the crime


Author: Mureşan Marius
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 – 0.32 Mb / in romanian

Keywords

Motive, motivation, the purpose, the qualified criminal motive, the qualified criminal purpose, needs, the interests, valuable orientations, guilt, the subjective side, attribute to the subjective side, the qualified attributes of the subjective side, subjective aspect of a crime, the mechanism of criminal behavior, the mechanism of a crime, an internal stage, an external stage, criminal intention, mental processes, qualification of motive and the purpose of a crime, criminal partnership, an individualization of the criminal liability and punishment, plurality of a crime, the general (common) aggravating and softening circumstances, the qualified aggravating and softening circumstances.

Summary

This dissertation is one of the first attempts to treat deep and complex problems of criminal liability for crimes committed with a purpose and reason criminal qualified and appreciation for the importance of certain types or categories of crimes. Sentence contains a set of results that allow principled to formulate conclusions and generalizations legitimate scientific net superior to the previous resolution likely to involve science and practice. In this context, it made perfect system and visions on the scientific concept of criminal guilt, reason and purpose of the offense under legal and criminal aspect and interdisciplinary; issues are clarified theoretical-practical on the ground criminal culpability, reason and purpose in the criminal subjective side of the contents of the offense, was established correlation between personality and criminal motivation as a distinct phase transition mechanism to act, it raised the concept and essence of mental processes of criminal reason, the co-rapporteur of the mental processes of reason and purpose of the offense, highlighting the also the importance of appreciation for the purpose of various types and categories of offenses of criminal law of the Republic of Moldova and in criminal law compared.

Eventually, it was made a comparative study of the complex rules on legal and criminal responsibility for crimes and the reasons for qualifying and the resulting set certain criteria for assessing their qualification and the criminal law of the Republic of Moldova and Romania. Also, the theoretical-practical aspect, to proliferate the concept that the choice of criminal punishment to warrant the idea of fairness and justice in society on the one hand, we have just analyzed the reasons which have made the criminal conflict with society and, on the other, those who developed it put in harmony with her values and social relations.

In the process of solving scientific and practical tasks have been widely used materials judgments handed down by criminal courts of the Republic of Moldova and Romania on various criminal cases.

Development of scientific work can be applied in the legislative process development and practice solving various criminal cases, and as teaching material to teaching courses in criminal law, criminology, psychology etc.