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CNAA / Theses / 2017 / June /

Criminal liability for illegal detention or arrest of the person


Author: Mihail Sorbala
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: Alexei Barbăneagră
doctor habilitat, professor, Free International University of Moldova
Institution: Free International University of Moldova

Status

The thesis was presented on the 24 June, 2017
Approved by NCAA on the 11 May, 2018

Abstract

Adobe PDF document – 2.72 Mb / in romanian

Thesis

CZU 343.36 (043.3)

Adobe PDF document 1.56 Mb / in romanian
191 pages

Keywords

detention, preventive measures, criminal-procedural coercive measure, arrest, house arrest, cause, criminal components, suspect, accused, defendant, investigated magistrate, criminal prosecutor body, prosecutor, criminal prosecutor officer.

Summary

ANNOTATION Mihail Sorbala, „Criminal liability for illegal detention or arrest of the person”, PhD Thesis in law at the specialty 554.01. Criminal Law (Criminal Law and Criminal Execution), Chisinau, 2017 Thesis structure: introduction, three chapters, general conclusions and recommendations, bibliography of 198 titles, 171 pages of main text. Keywords: detention, preventive measures, criminal-procedural coercive measure, arrest, house arrest, cause, criminal components, suspect, accused, defendant, investigated magistrate, criminal prosecutor body, prosecutor, criminal prosecutor officer. Field of research. Criminal Law (criminal law, criminal execution). Purpose and aims of research. The purpose of the work is to assess the state penal policy during the implementation of the Association Agreement between the Republic of Moldova and the European Union on compliance with one of the most important rights – the freedom of person in the jurisprudence of RM in the process of detention and arrest of the person; developing of proposals to improve the legislation based on the jurisprudence of the Constitutional Court and ECHR standards. This aim was materialized by the recommendations for improving the criminal law in the field of crime of illegal detention or arrest. Depending on the invoked purpose it were determined some objectives, to which there are assigned: the research of legal forms of determination of liability for the acts of illegal detention or arrest in terms of norms of comparing criminal law; - the exposure of objective signs of the crime of illegal detention or arrest; - the exposure of subjective signs of the crime of illegal detention or arrest: the highlighting of the particularities of qualification of the acts of illegal detention or arrest etc. Novelty and originality of the research is determined depending on spectrum of analyzed issues and by the solutions identified in relation to this. The innovative character of the obtained results is the fact that this PhD thesis is one of the few deep scientific research in the field of criminal liability for committing the act of illegal detention or arrest. The solved scientific problem of major importance consists in the establishment of an efficient mechanism for preventing and combating the crime of illegal detention or arrest of persons, moment which would contribute to the revision and improvement of the criminal law norms in this field and to their correct application in the cases of arrest or illegal detention of persons. Theoretical and practical value of the research. All theses, the opinions and the concepts presented in the work as well as scientific conclusions can be used: in the activity of legislature on the line of improving the criminal law to this compartment, in the practice activity of enforcement bodies fighting to this type of crime, in the teaching of Criminal Law discipline in educational institutions with the profile of Law. Implementation of scientific results. The theses, the opinions, the conclusions and the recommendations of the thesis were reflected in 7 scientific articles published in magazines of specialty, including the participation in scientific-practical conferences.