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Penal and criminological analysis of the hostage-taking offence


Author: Chiriţa Valentin
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: Xenofon Ulianovschi
doctor habilitat, professor, Moldova State University
Institution: Academy "Stefan cel Mare" of Ministry of Internal Affaires

Status

The thesis was presented on the 9 September, 2011
Approved by NCAA on the 5 October, 2011

Abstract

Adobe PDF document – 0.29 Mb / in romanian

Keywords

hostage taking, detention, public security, personal freedom, terrorist character, threat, demands, special purpose, psychopathic personality type

Summary

Thesis structure: introduction, three chapters, conclusions and recommendations, bibliography of 241 titles, 2 appendices, 180 pages basic text. The results are published in 8 scientific papers.

Field of study. The research falls under the criminal law and criminology. Goals and objectives. The purpose of this thesis is a detailed research of the complex of penal and criminological issues on hostage taking offence; to determine its social and legal essence and the place of this component in the system of the Special Part of the Criminal Code. Objectives of thesis. retrospective study of the normative and doctrinal framework of the hostage taking offence; investigating of comparative Criminal Law elements; determining and specifying the concepts such as: „hostage”, „person as hostage taking”, „holding a person as hostage”, „kidnapping”, etc.; highlighting the criteria for delimitation of hostage taking offence from other similar crimes; analysis of qualitative and quantitative statistical indexes; determining of the causes and conditions of taking hostages; establishing criminological features of the personality of the hostage taking offender; developing of several prevention measures on this crime, etc.

Novelty and scientific originality. This doctoral thesis, as a detailed and systematized research on hostage taking offence under the penal and criminological aspect, represents a pioneering investigation of this kind and of this volume in Republic of Moldova. Innovative results of this thesis are based on serial conclusions; thus following issues were specified: the violent character of taking a person hostage, the structure of the crime composition, time crime consumption, character of the submitted demands etc. The originality of the investigation is the elaboration of scientifically-reasoned recommendations of as part of Lex ferenda, in particular: legal definition of the concepts of „making” and „holding” a person as a hostage, „kidnapping”, amending art. 280 of the Criminal Code with a special note; amending the art. 280 of Criminal Code with new aggravating circumstances as: „with the use of weapon, explosive substances or mechanisms or of other objects used as weapons”, „on command” and „hostage taking resulted in satisfying of demands” stipulated in the art. 275, Chapter XIII of the Special Part of the Criminal Code etc.

Theoretical significance. The theoretical significance of the study lies in a detailed investigation of the theoretical and practical basis exposed in both Moldavian literature and from abroad, targeting the issue of hostage-taking in particular, and the crimes against public security, in general.

Applied value. The practical value of the work consists in the author's attempt to formulate conclusions and recommendations that can be taken into consideration and used by law enforcement employees in the course of the legal classification of offenses and their prevention; the thesis can also provide a real support during the learning process for students, post-graduates, trainees of advanced training courses in law, and any other reader.

Implementation of scientific results. The results of this scientific investigation can be used to improve practical application, and to optimize the construction and the content of the penal norm on hostage taking.