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CNAA / Theses / 2015 / May /

Release on probation before term

Author: Macovei Cristian
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: Alexandru Mariţ
doctor, professor, Institute of History of the ASM
Institution: Free International University of Moldova


The thesis was presented on the 15 May, 2015
Approved by NCAA on the 7 July, 2015


Adobe PDF document1.42 Mb / in romanian



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190 pages


criminal punishment liberation, ways of criminal punishment liberation, convicted person, substitution of unexecuted part of punishment by a more tolerant punishment, change of the situation, juvenile released from punishment, seriously ill person, postponement of sentence execution, term of prescription of sentence execution, probation


Thesis structure: Introduction, 4 chapters, conclusions and recommendations, bibliography consisting of 380 titles, 178 pages of main text. The results are published in 8 scientific papers.

Field of study This study falls within the criminal law, particularly the general part. Research focuses on eliminating the causes of the criminal nature of the crime, self defense and state of necessity occupying a central place in this approach.

Purpose. Development of a theoretical conception of solving the problem of applying the institution of culprits' liberation from criminal punishment, by formulating recommendations for improving the criminal legislation of the Republic of Moldova.

Objectives. The scientific study is based on the penal low domain with a profound and complex analysis being given to the institution of liberation from penal punishment. They consist, on the one hand of identifying, proposing and supporting scientifically proven solutions to controversial issues of law and legal doctrine that had primarily inconclusive or non-unitary solutions in case law and on the other hand of modifying and improving the statutory regulations. In dissertation are investigated in integrity the theoretical, methodological and legal bases of probation. Is defined notion of probation; analyzed and came true the systems’ elements of probation; examined the place and interaction between probation and other criminal sanctions and the ability to prevent relapse; classified and analyzed the basic models of this sanction; analyzed the basic international acts concerned to this problem.

Novelty and scientific originality. A complex research of all the ways of criminal punishment liberation as a whole; explanation of the notion and concept of criminal punishment liberation, explication of some terms of certain ways of criminal punishment liberation, explanation of necessity for applying certain ways of criminal punishment liberation for a larger spectrum of convicts; argumentation of applying more lenient punishment in case of postponement of sentence execution for pregnant women and those with up-to-8-aged children.

Theoretical significance and applied value. All research is oriented generality and principled legal regulation in the matter investigated, providing a combination of theory and practice law, that ultimately contributes to the clarification of options, doctrinally questionable to solve removal of erroneous jurisprundenţiale legal issues, to achieve uniform judicial practice in the field and to improve legal regulations considered inappropriate.

Implementation of scientific results. The author's interpretation of notions and terms, which are met in legal provisions on the criminal punishment liberation institution, denotes a considerable importance for successful applying these norms, while the collected data, fact materials, and generalizations made may be used in the teaching-learning process of criminal law material within the institutions of middle and high education of law profile, as well as for continuous training of criminal law recipients.