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Penal responsibility regarding passive corruption


Author: Ţurcan 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:2011
Scientific adviser: Trofim Carpov
doctor, associate professor (docent), Free International University of Moldova
Institution: Moldova State University
Scientific council: D 30-12.00.08-27.03.08
Moldova State University

Status

The thesis was presented on the 10 December, 2010
Approved by NCAA on the 24 February, 2011

Abstract

Adobe PDF document – 0.34 Mb / in romanian

Keywords

vitiation, corruption, passive corruption, extortion, illegal remuneration, person with responsibility function, abuse, provocation, civil servant, official crimes

Summary

Thesis structure: Introduction, 3 compartments, general conclusions and recommenda¬tions, bibliography of 209 titles, 137 pages of full text. The achieved results are published in 13 scientific papers.

The thesis study field and it main objectives. The work covers the Penal Law domain, especially is connected with the Penal Law’s special part. Among the most important thesis objectives are: the understanding and the research of the corruption and passive corruption notions; the argumentation of the absence of the material object regarding the offence of passive corruption; the display of the place and of the role of passive corruption within the offences perpetrated by the persons with responsibility function; to formulate the definition of the “person with responsibility function” notion, subsequently to identify the connection of the notion with the adjacent ones.

The novelty of the work and it scientific originality abducts throughout the approach of the problem, throughout the nature of the researched subject itself. The study embody a complex investigation about every sign considering the offence of passive corruption, an investigation that enforce conclusions and theoretical suggestions in view of unceasing legislation improvement. In the framework of this working, are mentioned notions, thesis, conceptions, terms that underlines in a new sight some of the most controversial problems belonging with the penal responsibility application for the offence prevented at art.324 PC RM. It scientific originality is posted by the author’s contribution related to the rising of the investigation status of all of these problems. The actual problem of particular importance in the study area which found the solution consists in implementation of integrated analysis of passive corruption, in determining the components and aggravating circumstances of the offence prevented at art.324 PC RM.

The theoretical significance and the work’s applicativity value issues throughout it substantiation. This plan contains a strong exegetic study, dogmatic and constructive about the penal responsibility for passive corruption problem. The ideas, the conception and the explanations presented in the paper can serve as theoretical background in order to complete the respective legislation. The obtained results can be used in educational means, as well as basis for ulterior development of scientific concepts.

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.