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Penal responsibility for the swindle


Author: Botezatu Igor
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: Sergiu Brînză
doctor habilitat, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 3 September, 2010
Approved by NCAA on the 6 October, 2010

Abstract

Adobe PDF document – 0.29 Mb / in romanian

Keywords

swindle, fraud, infraction of faith, illicit attainment, larceny, greediness.

Summary

, “Penal responsibility for the swindle”, Doctor of Law dissertation, speciality 12.00.08 Penal Law (penal law), Chisinau, 2010 The Dissertation contains: Introduction, 3 chapters, general conclusions and recommendations, bibliography of 237 titles, 142 pages of main text. The obtained results are published in 13 scientific papers. Key-words: swindle, fraud, infraction of faith, illicit attainment, larceny, greediness. Field of study: The paper refers to the field of penal law, predominately to the Special Part of the Penal Law. Priority attention is given to the juridical-penal analysis of the offence under the art.190 of the Penal Code of the Republic of Moldova (PC RM) – swindle. The aim of the Doctor dissertation: The thoroughgoing study of the concept of application of penal responsibility for swindle under the conditions that the state has a limited role in regulating the market economy relations and the coercive methods of preventing and combating this crime must have a subordinate status in relation to the economic, informational, political, and juridical-civil methods. The Objectives: the discloser of the complex character of the special juridical object of the offence stipulated by art.190 PC RM; the argumentation of the (in)opportunity of applying art.190 PC RM in the hypothesis of illicit attainment of the right to the other person’s goods or of the alien real estate belonging to other people, by means of fraud or infraction of faith; the elucidation of the dilemma whether swindle is or is not an offence committed by means of larceny etc. The scientific novelty and originality of the obtained results: In the framework of the present paper, there are proposed notions, theses, concepts, terms that bring in a new light some of the most controversial issues related to the implementation of the penal responsibility for the acts provided for in art.190 PC RM. The scientific originality is proved by the author’s contribution towards the raising of the investigation level of the most controversial and polemicised problems of the penal law science and practice related to the swindle offence. The theoretical signi¬fi¬cance and the applicative value of the paper result from conducting a comprehensive exegetical, dogmatic and critical study of the issue of penal responsibility for swindle. The ideas, the concepts and the explanations formulated in the paper can serve as a theoretical basis for improving the legislation in this field. The results obtained in the thesis can be used in the education process, and for further development of the scientific concepts. The implementation of the scientific results aims at the use of the information with practical-applicative connotations from this thesis as a theoretical-practical guide necessary for the improvement of the professional skills.