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CNAA / Theses / 2011 / May /

Reasonable risk


Author: Faigher Anatolie
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: Victor Moraru
doctor, professor, Moldova State University
Institution: Moldova State University
Scientific council: D 30-12.00.08-27.03.08
Moldova State University

Status

The thesis was presented on the 21 May, 2011
Approved by NCAA on the 8 July, 2011

Abstract

Adobe PDF document – 0.31 Mb / in romanian

Keywords

reasonable risk, circumstances that eliminate criminal character of an act, reasonable risk in economic activity, reasonable risk in medical activity, reasonable risk in the activity of law authorities

Summary

Structure of the paper: introduction, three chapters, conclusions and recommendations, biblio¬graphy of 166 titles, 2 annexes and 142 pages. The results of the research are published in 8 scientific articles.

Field of study: This paper is a study in the field of criminal law, general part.

Purpose of the paper: to make a complex analysis of the reasonable risk by examining legal particularities and conditions, and to elaborate recommendations in order to improve criminal law and its applicability.

Objectives of the paper: to determine the social and legal nature of reasonable risk; to identify and to systemize the legal conditions of reasonable risk; to establish the admis¬sibility criteria and criteria of exceeding reasonable risk’s limits; to systemize the simila¬rities and differences between reasonable risk and other similar circumstances; to determine the principles for establishing different types of reasonable risk and their particularities; to research in detail reasonable risk in economic, medical activity as well as in the activity of law authorities, as a variety of reasonable risk; to research criminal legislation of other countries regarding the excluding of the criminal character of risky acts etc.

The scientific novelty and originality of the work is expressed through the effort to study from a new perspective the problems of reasonable risk, regarded as one of the newer circumstances that excludes the criminal character of the offence, thus being introduced in the Moldovan Criminal Code in 2002. The outcome of this effort stands in the proper adjustment of the 40th article of the Penal Code of Moldova (reasonable risk) to the legality requirements, defined by the ECHR practice.

The theoretical significance is expressed through the elaboration of optimal theoretical and practical solutions related to the institution of reasonable risk. The proposals stated by the author allow a significant optimization of legal provisions, indissolubly linked with such values as social necessities and contempo¬ra¬neous criminal policy.

The applicative value of the work finds its manifestation in scientific and didactic activities, as well as in the practical field of legal authorities, enrolled in the process of law creation.

Implementation of scientific results is materialized in the lectures for bachelor and master students from Balti State University „A. Russo”.