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CNAA / Theses / 2017 / June /

Criminal liability for torture, inhuman or degrading treatment


Author: Ursu Daniela
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:2018
Scientific adviser: Sergiu Brînză
doctor habilitat, professor, Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 17 June, 2017
Approved by NCAA on the 11 May, 2018

Abstract

Adobe PDF document – 0.58 Mb / in romanian

Thesis

CZU 343.6 (043.3)

Adobe PDF document 1.76 Mb / in romanian
184 pages

Keywords

torture, inhuman treatment, degrading treatment, pain, bodily sufferings, mental sufferings, human dignity, intimidation, exercise of pressure, reasons for discrimination

Summary

Ursu Daniela, "Criminal liability for torture, inhuman or degrading treatment", PhD Thesis in Law, Speciality 554.01 – Criminal Law and law of penal execution, Chisinau, 2017 Thesis structure: Introduction, 3 chapters, general conclusions and recommendations, references composed of 247 titles, 165 pages of main text. The results obtained have been publi-shed in 10 scientific works. Key words: torture, inhuman treatment, degrading treatment, pain, bodily sufferings, mental sufferings, human dignity, intimidation, exercise of pressure, reasons for discrimination. Field of study. This thesis is included into the Special Part of Criminal Law. The study is focused on legal and criminal analysis of the offences stipulated in article 1661 of the Criminal Code of the Republic of Moldova. The goal of the thesis lies in developing scientific and practical concept of criminal liability for torture, inhuman or degrading treatment, the prejudicial deeds incriminated in article 1661 of the Criminal Code of the Republic of Moldova, in the meaning of the aspects of lex lata and lex ferenda. Objectives of research: identification of the legal nature of torture, inhuman or degrading treatment; legal and criminal analysis of the constitutive elements and aggravating circumstantial elements of the offences stipulated in article 1661 of the Criminal Code of the Republic of Moldova; settlement of the classification issues arising from the concurrence of criminal rules and cumulative offences viewed in correlation with article 1661 of the Criminal Code of the Republic of Moldova; outlining of the lacks in the provision of article 1661 of the Criminal Code of the Republic of Moldova, etc. Scientific novelty and originality of the results obtained lies in complex research of criminal liability for the prejudicial deeds incriminated in article 1661 of the Criminal Code of the Republic of Moldova, at the level of the Ph.D. thesis. Such a step ended with settlement of a scientific problem lying in substantiation of reconceptualisation of incriminating the torture, inhuman or degrading treatment through the prism of Law no.252 dated the 08th of November 2012. This led to comprehension of the legal nature and of the field of incidence of the deeds incriminated in article 1661 of the Criminal Code of the Republic of Moldova, for the purpose of creation of the theoretical preconditions for correct legal classification by the subjects of the investigated prejudicial deeds in the contest of specific application of Criminal Law. Theoretical significance and applicative value of the thesis. The study realised represents a conceptual basis describing at the theoretical level: algorithm of application of article 1661 of the Criminal Code of the Republic of Moldova within the legal classification process; actual ways of maltreatments incriminated in article 1661 of the Criminal Code of the Republic of Moldova, detached from the ECHR jurisprudence related thereto; solutions for harmonisation of the incriminatory framework, etc., results that may take hold in scientific activities, in teaching and training activities, in practical activities of the law-enforcement authorities and within the process of law-making. Implementation of scientific results is reflected in the process of students and master degree students training at the higher educational institutions of juridical profile, as well as in practical activities of the law-enforcement authorities.