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CNAA / Theses / 2011 / May /

Penal implications on the victim’s consent

Author: Ionuş Raluca Gabriela
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: Stela Botnaru
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 27 May, 2011
Approved by NCAA on the 8 July, 2011


Adobe PDF document0.41 Mb / in romanian


the victim’s consent, probative cause, penal dimensions, causes that remove the criminal nature of the offense, personal interests protected by the penal law.


The Dissertation contains: introduction, 3 chapters, general conclusions and recommen-dations, bibliography of 166 titles, 5 annexes, 135 pages of main text. The obtained results are published in 8 scientific papers.

The field of study concerns the general and special part of the penal law.

The aim of the paper regards the development of a complex research of the legal institution of the victim’s consent, realized through the examination of its penal dimensions in modern criminal law, especially in the one of the Republic of Moldova, and yet in the matter of elaboration of recommendations regarding the improvement of the penal law and its practical applicability in accord with the European criminal law policy. Thesis objectives: the determination of the juridical and social nature of the victim’s consent; the revealing of its functions in the penal law; the analysis of the influence mechanism of the victim’s consent on the legal incrimination of the offense; the identification of those crimes that regard the presence or absence of the victim’s consent as a constitutive sign of the crime; the explanation of the victim’s consent impact on the individualization of the penal punishment etc.

Scientific novelty and originality of the obtained results lies in the attempt to investigate the new positions on criminal law enforcement issues regarding the harmful actions committed under the rule filed by the victim's consent. This allowed the identification of solutions that cover the institution’s lack of express regulations on the victim’s consent, thereby, solving the major scientific dilemma of the research area.

The theoretical significance and applied value of the work. This paper represent a comprehensive study on the institution of the victim's consent in criminal law, emphasizing certain aspects in this matter, which have been neglected in theory, as well in the attempt to develop optimal solutions for the science and practice of criminal law, capable of contributing to the proper understanding of offenses committed under the rule of the victim’s consent. Therefore, the obtained results can be used in teaching activity, in law enforcement agencies and in the legislative process.

The implementation of scientific results finds its manifestation in training of students (police officers and agents) incorporated in the Department of Initial and Continuing Training of the Institute of Public Order Studies in Bucharest (Romania).