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CNAA / Theses / 2016 / June /

The peculiarities of causal connection in the components of infraction committed through inaction


Author: Nedelcu Narciza
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 adviser: Igor Ciobanu
doctor, associate professor (docent), Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 17 June, 2016
Approved by NCAA on the 28 December, 2016

Abstract

Adobe PDF document – 0.30 Mb / in romanian

Thesis

CZU 343.352 (043.3)

Adobe PDF document 1.43 Mb / in romanian
183 pages

Keywords

causal connection, cause, effect, socially dangerous consequence, causal determinism, theoretical construction of causal connection, action, inaction, infraction component, causality, mechanism of empirical causation

Summary

Structure of thesis: introduction, four chapters, general conclusions and recommendations, bibliography of 203 titles, 3 annexes, 166 pages of basic text.

Field of research. This paper is focused on one of the most complex and actual issue of the criminal law: analysis of the particularities of causal connection in the components of infraction, committed through inaction and the forms of its manifestation within the facts criminally executed, achieved by form of inaction.

Purpose and objectives of the research. Deepening the concept regarding the causal connection in criminal law and solve of specific issues which concern the forms of manifestation of the causal connection in components of infraction committed through inaction. For achieving the proposed aim, it involves the accomplishment of the following objectives: carrying out a profound study on the concept of causal connection both in the criminal law, forming the peculiarities of causal connection in the components of committed infraction through inaction.

Novelty and originality of the research. The innovating character of the paper is determined by the fact that in the paper are proposed notions, definitions, theses, concepts, which put in a new light some of the most controversial issues related to the problem of causal connection in criminal law. The originality of the results obtained by the author shall be expressed in the research of the most controversial issues of judicial science and judicial.

Theoretical importance and the applicative value of research. Based on the research conducted, it was found the existence of some gaps and omissions of theoretical-normative order, as well as the absence of works devoted to the theme researched. To remove these faults, the author formulates several conclusions and presents recommendations designed to improve the quality of the regulatory framework relating to proper and uniform application of the causal connection both in theoretical and practical aspect.

Implementation of scientific results. Scientific conclusions formulated as a result of the completion of this study may be helpful especially in the process of drafting and implementing the rules with respect to the specific of causal connection within the components of infraction committed through inaction. They also can be useful in the preparation of scientific publications for those interested, but also have a character of tools for workers in the field of criminal law.