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CNAA / Theses / 2012 / June /

Theoretical and practical aspects of blackmail


Author: Crijanovschi Sergiu
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:2012
Scientific adviser: Gheorghe Ulianovschi
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 2 June, 2012
Approved by NCAA on the 5 July, 2012

Abstract

Adobe PDF document – 0.42 Mb / in romanian

Keywords

blackmail, theft by extortion, threat of violence, defamatory facts, matrimonial demand, recieving of demanded things, damaging or destruction of another’s property

Summary

Thesis structure: Introduction, 3 chapters, general conclusions and recommendations, bibliography of 227 titles, 2 appendices, 186 basic text pages. The basic ideas and results are published in 9 scientific papers. Keywords: blackmail, theft by extortion, threat of violence, defamatory facts, matrimonial demand, recieving of demanded things, damaging or destruction of another’s property.

The domain of study: The study performed by the author takes a part from the domain of the Special Criminal Law. The purpose of the PhD thesis: solving of the problems of criminal liability for the offense provided in the article 189 of the Criminal Code of the Republic of Moldova; formu-lating of several useful recommendations in order to improve the incriminatory basis for extor-tion; establishing of original approach by means of creating arguments for the better theoretical understanding of blackmail and for improvement of judicial decisions; performing of scientific research in order to make efficient the judicial practice in the sphere of applying of the corpus delicti provided by the art.189 CC RM and, at last, creation of compatibility of the penal reme-dies with the requirements of criminal policy at the European level.

The objectives: to determine the legal nature of the crime of blackmail and displaying reasons for it’s criminalization, criminal and legal analyzing of the objective and subjective elements of the criminal offense; as well as scientific examination of the aggravating circum-stances defined under the article 189 of the Criminal Code of the Republic of Moldova; scientific research of judicial practice in the field of blackmail, interpretation of criminal law and identification of specific causes of judicial mistakes committed during the judicial trials of the persons charged with the crime of blackmail etc.

The scientific novelty and originality of the obtained results consists from the author’s attempt to investigate the integral complexity of criminal liability for the blackmail, provided in the art.189 Criminal Code of the Republic of Moldova. It is to be mentioned that we based our investigation on a systematic approach of legal provisions of blackmail as well as judicial practice of their application, through Case law and doctrinal views held in the literature. Thanks to the three-dimensional approach applied inside the research we solved the current scientific problem regarding the obvious mismatch arising from the formal and material concept of the term „blackmail” and of the need to ensure consistency of legal standards and not at least optimazing the regulatory framework in the field, related to requirements imposed by the principle of legality of criminal offenses.

The theoretical importance and practical value of the work: it is notable that the conclusions and recommendations formulated in the work allow significant optimization of the applicability of the article 189 Criminal Code of the Republic of Moldova in agreement with the contemporary penal policy, which can be implemented in the regulation and practical activity of law enforcement authorities. The implementation of the scientific results finds its manifestation in training of students, masters, graduates from institutions of higher education of juridical specialization, but also candidates for judge and prosecutor functions, from the National Institute of Justice.