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The prison alternatives in the modern criminal law


Author: Alexandru Zosim
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,
Institution:

Status

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

Abstract

Adobe PDF document – 0.16 Mb / in romanian

Summary

The work has been dedicated to the problems of development, improving of law practices of Moldova Republic of punishments application alternative of prison.

In the dissertation are concentrated the basic materials concerning to a the scientifically – practical problems existing in the given area. The author according special attention to the questions of perfection criminally politic of Moldova Republic in the penalization sphere of criminal actions and expansion of application of alternative imprisonment of condemned. The aim of this research is the establishment of uniform concept of application criminal punishments and elaboration of some creation proposes of harmonious and effective system of measures which replacing prison punishment.

In this work has been analyzed such basic problems as: concept of prison alternatives, classification of prison alternatives, concept and the legal nature of such law measures as: probation, adjourn of punishment, semi-detention, semi-freedom, week-end arrest, electronic monitoring, house arrest, community services, amend. The author emphasizing necessity of more profound studying of these punishments which finally must be including in the criminal and the criminal - executive legislations of Moldova Republic.

The analysis of the legislations and legal practices of foreign countries such as USA, Great Britain, France, Germany, Italy, and also Moldova Republic, made during research demonstrated that in our country doesn’t exists yet effective legal base for the reducing penitentiary imprisonment. On this basis the author are marking concrete proposals for national criminal and criminal-executive legislations.

Scientifically elaborations of the given dissertation can be applied in the legislative process, and also can be used in the educational process at law faculties at the studies of criminal law and the criminal-executive law objects.