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Criminal liability for sexual harassment in Republic of Moldova

Author: Botnarenco Mihaela
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: Vitalie Stati
doctor, associate professor (docent), Moldova State University
Institution: Moldova State University


The thesis was presented on the 17 September, 2016
Approved by NCAA on the 15 November, 2016


Adobe PDF document0.48 Mb / in romanian


CZU 343.541(043.3)

Adobe PDF document 3.87 Mb / in romanian
197 pages


sexual harassment; crime; threatening; blackmail; constraint; sexual intercourse; acts with sexual character


The structure of the thesis: this thesis includes introduction, 3 chapters, general conclusions and recommendations, bibliography with 285 titles, 4 annexes, 158 pages of basic text. The obtained results are published in 8 scientific papers.

Field of research. This thesis refers to the field of Criminal Law. Special Part.

The purpose of this PhD thesis is to conduct a thorough research of the sexual harassment in order to provide the interpretation of the provisions of the art.173 Criminal Code of Republic of Moldova (CC of RM) and to formulate recommendations de lege ferenda aimed at improving the legal framework on incrimination of sexual harassment crime.

Objectives: legal analysis of the elements of the crime provided by art. 173 of the CC of RM; identification of the legislative gaps that impede the efficient application of the art. 173 of the CC of RM; analysis of the jurisprudence in this field etc.

Scientific novelty and originality: this thesis is a detailed research on the criminal liability for sexual harassment being a pioneering work among the similar papers on the same topic and with the same volume in the Republic of Moldova. In this context, this is the first scientific research which makes an analysis of the jurisprudence, being identified the legislative gaps concerning the art. 173 CC of RM and contains in particular recommendations in order to improve the national legal framework.

The main scientific problem solved consists in creation of the instrumentality for the interpretation of the normative provisions of the art. 173 CC of RM, in particular, it is reffering to the identification of the criteria which could delimit the sexual harassment from other similar crimes. In this sense, the applicability conditions for this article have been clarified helping the practitioners to better understand the provisions and improving the legal framework with regards to art.173 CC of RM through its adjustment to the legality principle.

Theoretic importance and applicative value of the thesis. This scientific research supplements the criminal law theory of the Republic of Moldova covering the theoretic gaps generated by fragmented analysis of sexual harassment. The conclusions of this thesis can be used in the legislative process as well as in the daily practice of the enforcement bodies.

Implementation of the scientific results is an integrated part of the educational process of the students and master students from the law schools and an important part of the practical activity of the enforcement bodies.