Attestation committee
Accreditation committee
Expert committee
Dispositions, instructions
Normative acts
Nomenclature
Institutions
Scientific councils
Seminars
Theses
Scientific advisers
Scientists
Doctoral students
Postdoctoral students
CNAA logo

 română | русский | english


Juridical – criminal aspect of the ordered murder


Author: Alexandru Pareniuc
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:2006
Scientific adviser: Valeriu Cuşnir
doctor habilitat, professor, Moldova State University
Institution:

Status

The thesis was presented on the 26 November, 2005
Approved by NCAA on the 26 January, 2006

Abstract

Adobe PDF document0.19 Mb / in romanian

Keywords

crimes against human life, murder, ordinary murder, circumstantial murder, premeditated murder, ordered murder, murder committed in material interest, murder committed by two or more persons, killer, beneficiary, client, participant of the crime, intermediary, organizer, accomplice, conspiracy, reward, organized crime

Summary

Many problems that appear at the same time with coming in force of a new criminal legislation are connected with murder incrimination at a general level and with different normative and action modalities of it. A good example of the discussed situation is ordered murder.

Ordered murder – is a relatively new incrimination within the normative aspect, and is pervaded by a vast range of implications with contradictory character. A reduced number of scientifically investigations realized at this compartment, established some minimal possibilities of the right and merged qualification of the crimes attributed to this type.

This paper studies the general and common aspects, which are specific to the crimes against the life of a person, from the one side, and from the other, one of the normative qualified modalities of the murder is ordered murder, which represents a simple murder with the adding of an order to murder. But this legislative statement “ordered” creates big difficulties as well for qualification of the action as similar murder, as for the process of this type crime investigation.

The subject under discussion is an attempt to take an evidence of some essential problems which characterize the ordered murder. It is obvious that this subject was lightly approached and analyzed by some local authors, but until the actual moment there was not concluded a systematic study consecrated to ordered murder.

The author of the paper investigated the signs which first of all characterize a murder, starting with premises that an ordered murder, according to criminal normative is a murder committed with intention (art.145 al.(1) Criminal Code) and at a certain order which is a circumstantial sign foreseen by art.145 al.(3) letter m. of Criminal Code. Within the general and special norm it is imposed the qualified one (special).

Dealing with the suggested for examination subject, the fact that an ordered murder is always committed by a few persons was hold in mind, the fact which emphasizes the connection of this normative modality of a murder with institution of criminal participation.

During the process of criminal law framing of a crime as an ordered murder, according to the opinion of the author, criminological aspect of the discussed crime, at which the author made references, is of great interest.

Simultaneous with the innovative treatment, the opinions of some local authors together with the opinions of the authors from the other countries had been analyzed and interpreted in this paper, as well as the aspects connected with judiciary practice on criminal law settlements of this chapter, with the exposed comments and critics.

The author also submits a number of conclusions and suggestions on the investigated subject within the framework of the paper “ordered murder”.