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The Juridical-Criminal Analysis of the Customs Offences in accordance to the Moldavian and Romanian legislation

Author: Pasat Aurel Octavian
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: Sava Maimescu
doctor, associate professor (docent), Moldova State University
Institution: Moldova State University


The thesis was presented on the 3 September, 2016
Approved by NCAA on the 15 November, 2016


Adobe PDF document0.84 Mb / in romanian


CZU 343.359.3(478+498) (043.3)

Adobe PDF document 1.71 Mb / in romanian
196 pages


customs offence, smuggling, customs payments, customs statement, registrant, forged documents, unreal documents, cultural values, large scale, evasion


Thesis structure: Introduction, 4 chapters, general conclusions and recommendations, bibliography of 252 titles, 2 appendices, 168 pages basic text. The fundamental ideas and scientific results are exposed and published in 10 scientific papers.

The domain of study: This thesis belongs to the judicial domain, the Special Part.

The purpose of study consists in deepening the concept of criminal liability for customs offenses, the outlining and finding solutions to the juridical issues especially the customs criminal offenses, mentioned in the juridical laws from the Republic of Moldova and Romania, as well as the proposal of creating future laws meant to improve the actual legal framework.

The objectives of study: research of the main stages of development and alteration of the legislation in what concerns incrimination in relation to customs domain, both in the Republic of Moldova and in Romania; investigation of the peculiarities of the constitutive subjective and objective elements related to the customs offenses; research of the juridical practice from the matter of customs offenses; specifying the demarcation lines between customs offenses and some related facts; definition of customs offense; comparative analysis of the rules from the criminal laws of some overseas states in connection with customs offenses etc.

The scientific novelty and originality of the obtained results consist in the achievement of the customs offence research from the perspective of the juridical-criminal aspect in the contemporary social-juridical conditions from the Republic of Moldova and Romania, through knowledge of the medium, causes, their logistics and their consecutiveness. In addition, the scientifically novelty of the outcome of this research consists in outlining polemical conceptions found in the doctrine, in their analysis and the presentation of the author's own position.

The solved scientifically issue consists in the creation of the tools necessary for the identification of the constitutive and the circumstantial aggravating elements of customs offense from the legislation of the Republic of Moldova and Romania, in accordance with actual theoretical-regulatory framework, fact which has led to the presentation of proposals useful for the improvement of the laws with a view to prevention and deterrence of committing offenses in the customs domain.

The theoretical importance and the practical value of this thesis. The methodological approach and the practical conclusions presented in this thesis may be used in the future development of the theoretical research both by the theorists who will continue their studies as well as the practitioners, while solving the issues related to customs offenses, in accordance with the legislation of Romania and the Republic of Moldova. The practical importance of the present research consists in the fact that it assists the law makers to classify juridical the certain customs offence, considering the fact that this thesis includes practical recommendations. Furthermore, this elaborate thesis has important theoretical and practical value because several cases from the juridical hearings and trials have been analyzed. The theoretical importance of this thesis consist in the fact that several investigations have been done in the domain of juridical-criminal analysis of customs offenses on the basis of generalization of practical experience in the specific conditions of Romania and the Republic of Moldova.

The implementation of the scientific results is reflected in the training process of the law students from the law colleges as well as the practical activity of the juridical staff