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CNAA / Theses / 2012 / June /

The offense of trespassing in the legislation of the Republic of Moldova and Romania


Author: Ştefănuţ Radu
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: Sergiu Brînză
doctor habilitat, 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 15 June, 2012
Approved by NCAA on the 9 October, 2012

Abstract

Adobe PDF document – 0.68 Mb / in romanian

Thesis

CZU 343.44(043.3)

Adobe PDF document 1.26 Mb / in romanian
182 pages

Keywords

place of abode, residence, the place of abode inviolability, domicile, intimate, family and private life. Study by comparative law

Summary

The thesis includes: Introduction, 3 chapters, general conclusions and recommendations, bibliography of 195 titles, 167 basic text pages. The obtained results are published in 9 scientific papers.

The field of study. This paper focuses on one of the most complex and actual problems of the Penal’s Law Special Part: the analysis of aspects of penal law of the offense of trespassing. The purpose of the thesis: the deepening of the concept of liability implementation for the offence of trespassing.

The objectives: to examine and solve specific problems of qualification of the offenses under art.179 PC RM and 192 PC Rom from 1968; to establish the impact of art.8 of the European Convention on Human Rights and Fundamental Freedoms exercised in the plan of penal defense against offenses referred to at art.179 PC RM and 192 PC Rom from 1968, etc.

The scientific novelty and originality of the obtained results. The novelty of the work is determined by the proposed concepts, theses, ideas that put in a new light some of the most controversial issues concerning the application of penal liability for the offence of trespassing. The originality of the results obtained by the author is expressed throughout the need for research of the most controversial issues of science and practice of penal law concerning the offence of trespassing.

The important scientific problem solved is to develop the concept of qualification of the acts under art.179 PC RM and 192 PC Rom from 1968.

The theoretical importance and the practical value of the work. Throughout the conducted research, it was found the existence of gaps and omissions of normative type, as well as the lack of works dedicated to the investigated matter. This situation prevents correct interpretation and application of art.179 PC RM and 192 PC Rom from 1968. To eliminate these deficiencies, to the scientific community are submitted conclusions and recommendations in order to improve the quality of the regulatory framework.

The implementation of the scientific results. They are applicable in the law enforcement practice, especially in the interpretation and correct application of art.179 PC RM and art.192 PC Rom from 1968. They also can be useful in developing scientific publications of guidance type for teachers, students, master and PhD students.