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The penal responsibility for robbery


Author: Emilia Visterniceanu
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:2005
Scientific adviser: Ivan (decedat) Macari
doctor, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 1 October, 2005
Approved by NCAA on the 22 December, 2005

Abstract

Adobe PDF document – 0.22 Mb / in romanian

Keywords

embezzlement, robbery, violence, threat, aggressive actions, worsened circumstances, delimitation

Summary

Thesis in question is dedicated to the scientific investigation of the problems of the penal responsibility for the robbery. On the grounds of using methods of the inductive logics, comparative jurisprudence, as well as the historical method the author researched robbery as a phenomenon of legal reality. The notion of embezzlement is treated related to notion of robbery. The author insists on formulating precisely the notion of embezzlement to outline the entire circle of deeds that make up the embezzlement. After an analysis of penal doctrine author made a proposal for her own version of legislative definition of the robbery concept. The realization of that proposal will contribute to better efficacy of defence against these deeds. The investigation of historical and foreign experience concerning regulation of the penal responsibility for robbery represents an modeling element in the process of perfection of the robbery technical-juridical configuration. Also, there is analysed the constitutive elements of the robbery with o lot of examples from judicial practice of Republic of Moldova, Romania and Russian Federation. Last but not least is the explorative investigation dedicated to separation of robbery related other offences. Finally, there is shown the most important theoretical results, is outlined conclusions and recommendations de lege ferenda.

As a result of the carried out research work the author demonstrated the essence of that complex form of embezzlement in its legal aspect, disclosed the contents and the essence of the constitutive and worsened circumstantial elements of this offence. The author contributed to the science with his own scientific proposals concerning perfection of the Moldavian criminal law. The results obtained can be used in the legislative creation procedure and in the process of application of law, as well as in the theoretical research work and educational process.