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CNAA / Theses / 2015 / June /

Criminal liability for illegal performing of abortion


Author: Plop Aliona
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:2015
Scientific adviser: Sergiu Brînză
doctor habilitat, professor, Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 20 June, 2015
Approved by NCAA on the 7 October, 2015

Abstract

Adobe PDF document – 0.45 Mb / in romanian

Thesis

CZU

Adobe PDF document 1.47 Mb / in romanian
173 pages

Keywords

abortion; interruption of gestation; medical indications; the product of con-ceiving; the pregnant woman; the period of gestation; safety conditions, consent of the victim

Summary

Thesis structure: Introduction, 3 chapters, general conclusions and recommendations, bibliography of 238 titles, 154 basic text pages. The fundamental ideas and scientific results are exposed and published in 8 scientific papers.

The domain of study: The study performed by the author takes part from the domain of the Criminal Law (Special part).

The purpose of study consists in solving of the questions concerning establishment, diffe-rentiation and application of criminal liability for illegal performing of the abortion, including proposals obtained as a result of a scientific analysis of some recommendations in order to improve legislative norms in the domain of correct and uniform application by the judicial instances of the criminal legal norm provided by the article 159 of the Criminal code of the Republic of Moldova.

The objectives of study: verifying of opportunity to charge with the misdeed of illegal interrupttion of gestation; the precise and exhaustive demonstration of the moment of consumption of the criminal abortion; determination of correspondence of the legal provisions form article 159 of the Criminal code to legal norms of non-criminal character; prove the evi-dence of legal technique’s deficiencies, which are met in the process of scientific investigation of the legal norm of criminal abortion; elaboration of a new draft model of the article 159 of the Criminal code of the Republic of Moldova which will be directed to the avoidance of the legal imperfections and so on.

The scientific novelty and originality of the obtained results is expressed in the fact that this scientific research is positioned as the first and original study on a national level of the grounds and limits of criminal liability for illegal performing of abortion.

The important scientific problem solved in the realm of this study consist in systematic demonstration of the moment of consumption of criminal abortion, as a result of heightened scientific debates concerning the Corpus Delicti incorporated in the part (1) article 159 of the criminal code of the Republic of Moldova – the circumstance, which establishment contributes to the uniform application of the Criminal law regarding this criminal offence.

The theoretical importance of study and its practical value. The present study consti-tute a fundamental algorithm, which determine on a theoretical level the rules of qualification of the criminal misdeed provided by the article 159 of the Criminal code of the Republic of Moldova; the legal grounds and the limits of applications of aggravated models of criminal abortion etc. The obtained scientific results can be taken into account in the process of further scientific, educational and empirical activity of the law enforcement authorities, especially in the process of lawmaking activity.

The implementation of the scientific results finds its manifestation in the special training of students, masters, graduates from institutions of higher educations of juridical specialization from the Republic of Moldova, as well as in the empirical activity of law enforcement autho-rities.