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CNAA / Theses / 2010 / May /

Criminal liability for arbitrariness

Author: Cernomoreţ Sergiu
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)
Scientific adviser: Viorel Berliba
doctor habilitat, professor, Academy "Stefan cel Mare" of Ministry of Internal Affaires
Institution: Academy "Stefan cel Mare" of Ministry of Internal Affaires
Scientific council: D 30-12.00.08-27.03.08
Moldova State University


The thesis was presented on the 14 May, 2010
Approved by NCAA on the 5 July, 2010


Adobe PDF document0.40 Mb / in romanian


arbitrariness, order of realisation of rights, legal or supposed right, contestation, self-defendens


Dissertation contains: introduction, three chapters, general conclusions and recommendations, bibliography account 178 points, 140 pages of basic contents. Results of dissertation were published in 10 scientific apers.

Field of studding. Scientific research is based on Special Part of Criminal Low, a great attention is dedicated to criminal analyse of arbitrariness (article 352 Criminal Code of Republic of Moldova).

Goal of the doctoral dissertation consists in realisation of the scientific research of the theoretical and practical problems concerning the criminal liability for arbitrariness, based on criminal law, the doctrine and judiciary practice. Scopes the many-sided and detail research of signs of crime described in article 352 Criminal Code of Republic of Moldova; definition of concept of “contestation” and it’s transfer, in article 352 Criminal Code of Republic of Moldova; analyse of characteristic signs of self-defence of the right, other similar acts and crimes, for the their differentiations.

Scientific novelty and originality consists in: Work was limited to the complex criminally-legal analysis of arbitrariness, in particular revealing of essential elements to the offence and clarification of legal policy of the state concerning the criminal liability for the indicated crime. To arbitrariness in the Republic Moldova’s doctrine was not taken away special attention, thereby for the first time the dissertation in the form of the manuscript is devoted to object of research - arbitrariness.

Theoretical signification and practical advantage consists in complex and huge criminally-legal analysis of arbitrariness and clarifications of borders of the criminal liability, in result were proposed concrete recommendations to operate changes in criminal (and not only) legislations of Republic of Moldova.

Implementation of the scientific results consists in: Conclusions and recommendations are intended all that interested by criminal law and will serve for correct application of law in juridical practice of Republic of Moldova.