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The Penal liability for threats or violence against an official or a person performing a civic duty


Author: Pavliuc Ghenadie
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:2017
Scientific adviser: Sava Maimescu
doctor, associate professor (docent), Moldova State University
Institution: University of European Political and Economic Studies "Constantin Stere"

Status

The thesis was presented on the 18 February, 2017
Approved by NCAA on the 31 May, 2017

Abstract

Adobe PDF document1.03 Mb / in romanian

Thesis

CZU 343.6(043.3)

Adobe PDF document 2.54 Mb / in romanian
187 pages


Keywords

threat; violence; destruction; official; close relative; public authority; official duties; civic duty.

Summary

The thesis contains: Introduction, 4 chapters, general conclusions and recommendations, bibliography of 393 titles, 142 basic text pages. The obtained results are published in 9 scientific papers.

The field of study. This paper focuses on one of the most complex and actual issues of the Special Part of the Penal Law: the penal liability for threats or violence against an official or a person performing a civic duty.

The PhD thesis goal consists in deepening of the concept of interpretation and application of the provisions set forth by art. 349 of the PC RM, given the context in which the tendency to treat without due respect and with defiance the professional or civic activity of persons empowered by certain authority or responsibilities becomes disquieting, as an integral part of the established legal order, as well as in identification of weaknesses of the current system of legal order against the criminal offense set forth by art. 349 of the PC RM, and, as a consequence, the necessity to establish and introduce specific measures meant to increase the efficiency of the body of criminal law.

The objectives: the assessing of extension and content of the legal and material objects of the offenses specified in art. 349 PC RM; revealing the features that characterize the victim of the offenses under art. 349 PC RM etc.

The scientific novelty and originality of the obtained results. The novelty of the paper is determined by the within terms, theses, concepts, that put in a new light some of the most controversial issues concerning the application of penal liability for offenses specified in art. 349 PC RM. The originality of obtained results emerges in the need to investigate the most controversial issues of science and practice of the Penal law related to the offenses in question.

The important scientific problem solved consists in elaboration of the fundament for the interpretation of the provisions of art. 349 PC RM and the rules of the qualification of deeds under this article in order to clarify the legal nature of the offenses specified in art. 349 PC RM.

The theoretical importance and practical value of the paper. Based on the performed investigations, the author found the existence of normative weaknesses and lack of scientific work matter dedicated to the respective research field. This situation prevents the correct application and interpretation of the provisions of art. 349 PC RM. In order to eliminate these drawbacks, before scientific community are advanced conclusions and recommendations to improve the regulatory framework.

The implementation of the scientific results. These are applicable in practice activity of the Law Institutions, especially with regard to the interpretation and correct application of the provisions of art. 349 PC RM. These also can be useful in developing scientific publications of guidance nature for teachers, students, graduate and postgraduate students.