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Criminal law and criminological analyse of rape

Author: Tăbîrţă Adrian
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: Igor Ciobanu
doctor, associate professor (docent), Moldova State University
Institution: Moldova State University
Scientific council: D 30-12.00.08-27.03.08
Moldova State University


The thesis was presented on the 15 April, 2011
Approved by NCAA on the 5 October, 2011


Adobe PDF document0.65 Mb / in romanian


rape, sexual intercourse, sexual act, physical or psychological compulsion, unable to defend himself or herself, criminality of rape, prevention of criminality of rape


Structure of: introduction, three chapters, general conclusions and recommendations, bibliography accounts 205 points, 152 pages of basic contents.

Field of studying. The dissertation is devoted to criminally-legal and criminological analyse of the rape according to the national legislation of the Republic of Moldova. The scope of the PhD dissertation: examination of constituent sighns of rape from penal and criminological perspective.

Primary goals of research: characteristic of the concept of rape and definition of its standard base; revealing and the description of elements that are essential to the offence of rape from items stated in the specialised literature and criminally-legal practice; definition of criteria of differentiation of rape from other similar crimes.

Scientific novelty and originality consists in: As a result of the research following cores up, underlining scientific novelty has been summed: we regard necessary changes of "act" in an actus reus to the provided article 171 of Criminal Code of the Republic of Moldova, instead of "sexual connection" - ”penetration of any character”, this meaning including homosexualism and some forms of satisfaction of sexual lust in the perverted forms; by ”penetration of any character” is necessary to understand any sexual penetration as the formulation; for correct application of the criminal law and an exception it is offered to exclude aggravating circumstances provided in the item of a paragraph (2) article 171 of Criminal Code of the Republic of Moldova; rape criminality represents the negative and social-ilegal phenomenon directed in particular on sexual freedom and inviolability, having mass character and the quantity-qualitative characteristics connected in space and time, materialised in all acts with the aggressive-violent motivation, directed on satisfactions of sexual lust by sexual penetration.

Theoretical signification of the scientific results consists in: As a result of the research decisions of inconsistent treatments concerning rape are offered by the author. Many of the indications can also be used in cases of other sex crimes.

Implementation of the scientific results consists in: Theoretical compound work allows to produce a strategy of crime control of rape. As dissertation materials can be used as a scientifically-didactic material and for realization of other sorts of researche – and that is, as a matter of fact, its theoretical importance consists in.