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Criminal liability for receiving of some illicit remunerations for the performance of legal works related to public service


Author: Gavajuc Serghei
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:2016
Scientific consultant: Viorel Berliba
doctor habilitat, associate professor (docent), Academy "Stefan cel Mare" of Ministry of Internal Affaires
Institution:

Status

The thesis was presented on the 12 March, 2016
Approved by NCAA on the 21 April, 2016

Abstract

Adobe PDF document0.56 Mb / in romanian

Thesis

CZU 343.352(043.3)

Adobe PDF document 1.34 Mb / in romanian
170 pages


Keywords

acquisition, compensation, remuneration, illicit, service of the population, employee, work, paper, enterprise, institution, organization, racketeering, direct extortion, indirect extortion

Summary

The structure of the thesis: introduction, 4 chapters, conclusions and recommendations, bibliography of 175 titles, 136 pages of basic text. The results are published in 5 scientific papers.

Field of study. The PhD thesis was focused as the content of the criminal law / special part /, within the special attention being included criminalize the receipt by an employee of an illicit remuneration for the performance of works and services that fall within the circle bonds its service.

Goals and objectives. The purpose of work means addressing the justification / admission criminalize acts that harm servicing the complex field of population and vast clarify issues of criminal liability for receiving unlawful remuneration to fulfill work on the field.

The objectives are: identification, based on jurisprudence analyzed relating to the offense of receiving an illicit remuneration for the performance of works related to the servicing of the population, the theoretical premises on the effectiveness of protection legal-criminal social relations in the performance of works and provision of services population by enterprises, institutions and organizations in the service sector; legal and scientific investigation of the object of the crime provided material for art. 256 Criminal Code. RM; the evaluation of material element of the offense in the form of receiving unlawful remuneration by differentiating principled relationship between the unlawful nature of the remuneration and the illicit receipt thereof; how normative interpretation of infraction, in particular research operation mode of the perpetrator; research subjective side of the offense through conceptual clarification on the purpose and motive (reason) the offense; formulation and substantiation of proposals and recommendations aimed at improving the legal and criminal activity in force and applied in this area and so on.

The scientific novelty and originality of the results have been reflected in several conclusions: Service sector of the population assumes a sector of the national economy, based on relationships so be public, private, and involves the execution of works and / or services which are mainly economic; the unlawful nature of the illegality of remuneration lies in the way its production - extortion, lack of which places the act of receiving remuneration including legal ones, resulting absence of corpus offense provided for by art. 256 Criminal Code. RM; extortion may be brought directly or resorting to some means indirectly; if criminalize the offense of unlawful receipt of remuneration for the performance of works related to public service is to be determined with certainty and direct link between remuneration unlawful, quality and circle the active subject of his professional duties. The solved scientific problem resides in the conceptualization of penal liability for receiving an illicit remuneration in the service sector of the population, which has helped to clarify the conditions and limits of this juridical liability in order to improve the legal framework and to foster the standardization of juridical practice in this matter.

The theoretical significance. This paper examines the different solutions and uneven judicial practice of RM and is required for both criminal law theoreticians and practitioners. In this sense, it provides theoretical and normative interpretations and jurisprudence related solutions. The value of the work important from several perspectives: the need to cover some elements of scientific investigation, involvement with this study within the teaching activity, adjustment enforcement activity penal norm requirements and spirit regulatory provisions not only stable, but also the variables (blanket); make changes to regulatory framework.

Implementation of scientific results. The conclusions and recommendations that form the scientific results of scientific investigations undertaken have been reflected in 5 scientific articles published in scientific journals, including participation in international scientific-practical conference.