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CNAA / Theses / 2015 / June /

The mitigating and aggravating circumstances in the criminal law of Republic of Moldova

Author: Popescu Dorin
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: Gheorghe Ulianovschi
doctor, professor, Moldova State University
Institution: Moldova State University


The thesis was presented on the 29 June, 2015
Approved by NCAA on the 7 October, 2015


Adobe PDF document0.44 Mb / in romanian


CZU 343.224.1 (043.3)

Adobe PDF document 1.67 Mb / in romanian
170 pages


mitigating circumstances, aggravating circumstances, criminal punishment, individualization, classification signs


The structure of the dissertation: introduction, three chapters, general conclusions and recommendations, bibliography of 176 sources, 2 appendixes, 151 pages of basic text. The results of the research are published in 10 scientific articles.

The field of study. This dissertation refers to criminal law area.

The purpose and the objectives of the dissertation. The purpose of this dissertation is to identify and to solve the criminal law issues related to mitigating and aggravating circumstances and their influence on the criminal punishment. Moreover, the author aimed at drafting proposals in order to improve the existing legal framework and judicial practice related to the enforcement of provisions from art. 75-79 of the Criminal Code in order to ensure the efficiency of the criminal punishment and achievement of its purposes.

The objectives: to determine the legal nature of mitigating and aggravating circumstances, to evaluate the influence of the mitigating and aggravating circumstances on the punishment, to create a mechanism for application and evaluation of mitigating/aggravating circumstances, to analyses the judicial practice, to identify the gaps in the provisions of the art. 75-70 of the Criminal Code, to formulate recommendations to improve the provisions of the Criminal Code on mitigating and aggravating circumstances. The novelty and originality of the dissertation consist in underlining the existing doctrinal polemics on mitigating and aggravating circumstances, analysis of these polemics and formulation of authors’ opinions, extensive research on the evaluation of the mitigating and aggravating circumstances. In this sense scientific originality of this thesis consist in the conclusions and recommendations formulated to improve the provisions of the criminal law and in the solutions offered by the author to different issues existing in the judicial practice. In particular, the author makes recommendations regarding amending some provisions contained in the following articles from the Criminal Code of Moldova: art. 76; 77; 78; 79; 117 CP RM.

The major scientific problem solved consists in determining the legal nature of the mitigating and aggravating circumstances, the influence of these circumstances on establishing the punishment, including their effects as well as their role for the application of a milder punishment than the one provided by the law, and creating the mechanism of the influence of these circumstances on the criminal punishment. These aspects have led to the formulation of certain proposals in order to orient the legislator towards the improvement of the national legal framework to assure the efficiency of the criminal punishment and achievement of its goals.

The theoretical significance and applicative value of the dissertation consists in the fact that the author for the first time carried out a detailed and deep research of the theoretical and practical problems related to the application of mitigating and aggravating circumstances in criminal law of Moldova. In this sense, the thesis represents a valuable scientific and met5hodologic basis essential for the development of the criminal law science.

Implementation of the scientific result. The results of the research can be used to improve the criminal legislative framework on application of mitigating and aggravating circumstances. The theses can be used to teach criminal law to bachelor, master and PhD students as well as for continuous education of prosecutors, judges, criminal investigators and defense