StatusThe thesis was presented on the 3 December, 2016
Approved by NCAA on the 16 February, 2017
Abstract– 1.15 Mb / in romanian
ThesisCZU 343.6 (043.3)
1.62 Mb /
„Criminal liability for kidnapping”, PhD thesis, specialty 554.01 – Criminal law and criminal enforcement law, Chisinau, 2016 Structure of the thesis. The thesis contains:Introduction, 4 chapters, general conclusions and recommendations, bibliography of 395 titles, 180 pages of basic text. The obtained results are published in 11 scientific papers.
Area of study. This thesis refers to the area of Criminal Law, Special Part.
Purpose of the PhD thesis: consists in (1) complex analysis of the elements and aggravating circumstances of the crime provided by art.164 Criminal Code of RM, (2) identification and solving of issues related to classification of analyzed crime in the jurisprudence. This will allow us to re-evaluate the elements of the crime of kidnapping in line with incrimination provisions it order to formulate de lege ferenda recommendations aiming at improvement of the incrimination framework in the area.
Objectives: (1) assessment of the doctrinal concepts existing in the literature which constitute the basic fundament in defying the notion of kidnapping; (2) legal and criminal analysis of the elements and aggravating circumstances of the crime provided by art.164 Criminal Code of RM; (3) reasoning the viewpoint in line with the jurisprudence of the ECtHR and doctrine regrading criminal liability for kidnapping according to the legality principle; formulation of de lege ferenda recommendations aiming at improvement of the incrimination framework in the area.
Scientific novelty and originality of the obtained results. This thesis is unique as contain and substance in Moldova as it assesses complex issues, including those which are unraveled by the national scientific community, regrading criminal liability for the crime provided by art.164 Criminal Code of RM. Due to the object of this investigation which is focused on the assessment of the most complex aspects related to classification of this crime and analysis of doctrinal di-lemmas many issues which exist in judicial practice have been solved through proposals meant to improve legal framework.
The significant scientific problem which have been solved refers to scientific foundation of the elements and aggravating circumstances of the crime provided by art.164 of the Criminal Code and creation of the necessary legal tool to identify deficiencies which impede the correct interpretation of the provisions regarding kidnapping. This fact determined us to formulate solu-tions aimed at application of the criminal law in line with legality principle and elimination of the existing gaps in the criminal law in order to ensure consistent application of the criminal law provisions.
Theoretical importance of the thesis is determined by the analysis of an enormous theoreti-cal and practical material used to identify the suitable vector for assessment of the crime provid-ed by art.164 Criminal Code corroborated with the complexity of the issue. The author reveals aspects which have been previously tangential analyzed or even neglected by the doctrine.
Applicative value of the thesis. This thesis can serve as a foundation for future investiga-tions of crimes against liberty of persons as well as for the legislative process and practical ap-plication of the criminal law provisions referring to art.164 of the Criminal Code.
Implementation of the scientific results. The results and conclusions of the study have been displayed in 11 scientific publications, including international conferences. Also, they are used in educational process within Law Faculty, in drafting several types of scientific theses, as well by the law enforcement bodies in their daily work.
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