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CNAA / Theses / 2010 / June /

Criminal Punishment Liberation in Regulating Criminal Legislation of the Republic of Moldova


Author: Tipa Ion
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: Vasile Florea
doctor, associate professor (docent), Academy "Stefan cel Mare" of Ministry of Internal Affaires
Institution: Moldova State University
Scientific council: D 30-12.00.08-27.03.08
Moldova State University

Status

The thesis was presented on the 25 June, 2010
Approved by NCAA on the 6 October, 2010

Abstract

Adobe PDF document0.34 Mb / in romanian

Keywords

criminal punishment liberation, ways of criminal punishment liberation, convicted person, substitution of unexecuted part of punishment by a more tolerant punishment, change of the situation, juvenile released from punishment, seriously ill person, postponement of sentence execution, term of prescription of sentence execution

Summary

This thesis includes introduction, 3 chapters, conclusions and recommendations, bibliography of 239 titles, with a volume of 164 pages. The results obtained are published in 11 scientific papers.

Domain of research: This scientific study is based on the penal law domain with a profound and complex analysis being given to the institution of liberation from penal punishment.

Purpose of the paper: development of a theoretical conception of solving the problem of applying the institution of culprits’ liberation from criminal punishment, by formulating recommendations for improving the criminal legislation of the Republic of Moldova.

Scientific novelty and originality of the results obtained: a complex research of all the ways of criminal punishment liberation as a whole; explanation of the notion and concept of criminal punishment liberation, explication of some terms of certain ways of criminal punishment liberation, explanation of necessity for applying certain ways of criminal punishment liberation for a larger spectrum of convicts; argumentation of applying more lenient punishment in case of postponement of sentence execution for pregnant women and those with up-to-8-aged children.

Theoretical importance: proposal of original solutions for the science and practice of criminal law on the criminal punishment liberation institution, which allow a significant improvement of the legal provisions on applying the criminal punishment liberation institution for infractors.

Applicative value: the author’s interpretation of notions and terms, which are met in legal provisions on the criminal punishment liberation institution, denotes a considerable importance for successful applying these norms, while the collected data, fact materials, and generalizations made may be used in the teaching-learning process of criminal law material within the institutions of middle and high education of law profile, as well as for continuous training of criminal law recipients.

Scientific results implementation: are implemented in the training process of master students of the Academy of Public Administration under the President of the Republic of Moldova.