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CNAA / Theses / 2010 / May /

Criminally-legal research and criminalistical investigation of rape


Author: Paladii Andrian
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:2010
Scientific adviser: Valeriu Cuşnir
doctor habilitat, professor,
Institution: Moldova State University
Scientific council: D 30-12.00.08-27.03.08
Moldova State University

Status

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

Abstract

Adobe PDF document – 0.55 Mb / in romanian

Keywords

sexual act, physical or mental compulsion, element of proves, criminalistical characteristics, typical situations

Summary

The dissertation contains: introduction, four chapters, general conclusions and recommendations, bibliography account 186 points, 164 pages of basic contents. Obtained results were published in 8 scientific papers.

Field of studding The dissertation is devoted to the criminally-legal analyse and to some aspects of criminalistical investigation of rape.

Goal of the doctoral dissertation: The work’s goal is theoretical and practical studying of essential elements to the rape and revealing receptions of investigation of the indicated crime. Scopes: revaluation of concept of rape; studying of some inconsistent treatments concerning rape; definition of criteria of differentiation of rape from other similar crimes; offering of concrete recommendations about change of article 171 of UK РМ; the analysis of constituting criminalistic characteristics and features of rape; revealing of object of proving; revealing typical situations connected with the criminal prosecution beginning; definition of methodological rules of realisation of measures and actions in connection with criminal prosecution realisated in cases about rapes.

Scientific novelty and originality consists in consists directly in the issued research, the basic results and the offered recommendations which represent novelty for Republic of Moldova. Theoretical signification of work consists in realisation of the analysis of inconsistent opinions and the recommendations stated in the scientific literature, in particular concerning rape, and in general regarding a crimes against sexual freedom and the sexual inviolability of person. The practical advantage starts with the offered concepts, practical decisions and recommendations applicable in criminal, criminally-procedural law and criminalistics. Implementation of the scientific results consists in. The dissertation, first of all represents well systematised, scientifically based didactic material completed with practice examples and can be used in crime control.