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CNAA / Theses / 2005 / May /

Incriminarea corupţiei în legislaţia penală a Republicii Moldova


Author: Valeriu Cuşnir
Degree:doctor habilitat 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:2005
Institution:

Status

The thesis was presented on the 14 May, 2005
Approved by NCAA on the 23 June, 2005

Abstract

Adobe PDF document – 0.41 Mb / in romanian

Keywords

Corruption, corrupt, fact of corruption, the incrimination of corruption, the sanction of corruption, the forewarning of corruption, anticorruption, the fighting against corruption, a passive corruption, a active corruption, traffic of influence, the reception by public officer, the illicit reward, bribe, taking of the bribe, the giving of the bribe, corruption in the public sector, corruption in the private sector, a corrupt public officer, the object of the bribe, intermediary in corruption bribing, giving of money goods advantages, the special confiscation of the goods from corruption

Summary

The importance of a better knowing of criminality, inclusively of criminal phenomenon of the corruption does not need to be demonstrated any more. Divergence through the corruption represents a real danger for a lawful state and for the whole society, because this exact representation, as much as possible, of their forms of manifestation, factors that favors that phenomenon, another aspects and characteristics is absolutely indispensable for the determining and implementation in practice of a concept (strategy) of corruption preventing and control.

Corruption, as a phenomenon relating to a crime is tightly connected with the changes in the entire social framework and, of course, with the national and international criminality.

Fight against criminality is conducted in all states by both, preventing and constraining measures with the application of criminal sanctions. Nobody has yet found a solution of guaranteed efficacy for the reduction and, ultimately, elimination of criminality in a society. With regards to the phenomenon of corruption, it is a truth accepted unanimously, according to which criminal prosecution, disciplinary sanction against corrupted individuals can eliminate the offender, but cannot eradicate corruption. As a consequence, corruption control can be implemented efficiently through society's economic, political and moral recovery.

Issues of corruption and criminality prevention: fight against them is inspired by a country's penal policy and bears national solutions, which in turn are dependant upon the concept's accuracy, structures, programmers and methods of implementation of the national strategy of crime control, on one hand, and upon the financial background of the government dedicated to this purpose, on the other hand.

By crime, hence as well corruption control activity, it is understood the following: the set of legal-penal measures taken by specializing state bodies, based on law, for a complete establishment of facts representing corruption offences, so that any person who committed such offence to be legally sanctioned, according to the level of his culpability, and no innocent person be held legally responsible.

The criminological investigation of corruption as a phenomenon shows that a causal complexity of corruption's genesis exists. The a etiology of deviance and delinquency may not be approached in terms of distinct, separated indicators, but only taking into account the interaction and interdependence of bio-psycho-social factors. Crime generating factors are concentrated at macro-social, social average, micro-social and individual level, and their relationships shape the causal general complexity and the causal complexity of certain distinct types of criminal deeds.

Corruption cannot be cut-off from what is happening in a society - in positive and negative sense. Thus a prime cause is the neglecting of social order and laws. In this line, we have to mention that the basic social condition of corruption is the real and normative degree of influence of the officer over an important "affair" for another private individual. The individual tries to assure a favorable result for himself, breaching existing standards, and for this purpose promises, offers or gives an award to the officer.