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Liability for the ill will statements in criminal law


Author: Nastas Andrei
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: Valeriu Cuşnir
doctor habilitat, professor, Moldova State University
Institution:

Status

The thesis was presented on the 9 September, 2017 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.61 Mb / in romanian

Thesis

CZU 343.2 (043.2)

Adobe PDF document 3.53 Mb / in romanian
226 pages


Keywords

statement, ill will, bad faith, false denouncing, false statement, false conclusion, incorrect translation, misinterpretation, witness, expert, specialist, interpreter, translator, justice, consequence, result

Summary

Thesis structure: Introduction, three chapters, 194 pages of main text, conclusions and recommendations, bibliography with 290 titles.

Field of study: Criminal Law (special part).

Purpose and objectives. The aim of the thesis is the determination of character, content, form and varieties of ill will statements in criminal law. The objectives of the study are analysis of sources devoted to the criminal law protection of statements that produce legal consequences; formation and establishment of the concept and typology of ill will statements which cause legal consequences, being subject of incrimination; reasoning of intentional character of malicious statements as offence in the form of lies and deceit concerning the distortion of the truth, being subject to incrimination; representation of evolution of criminal law regarding incrimination of ill will statements that produce legal consequences; description of incrimination of malicious statements that produce legal consequences according to the national legislation and and legislation of other states; identification of common and distinctive features of malicious statements that produce legal consequences, protected by criminal law; identification and establishment of an important scientific problem concerning criminal liability for malicious statements that cause legal consequences; formulation of conclusions and recommendations and proposals for the improvement of criminal law in the field of criminal liability for ill will statements that cause legal consequences.

Innovation and originality of scientific work. The scientific novelty and originality of the results obtained follow from a comprehensive study of legislation and doctrine on the criminal legal protection of malicious statements that cause legal consequences, the presentation of the concept and typology of malicious statements that produce legal consequences, the characteristics of the regulatory framework for their incrimination, including through the prism of legislation of other states and strict establishment of compound and aggravating elements of the crime, having as an object malicious statements that produce legal consequences. A monographic scientific study of malicious statements involving legal consequences, accompanied by an analysis and assessment of the provisions of Articles 1853, 244, 244¹, 309, 311, 312, 313, 314, 352¹, 330¹ of the Criminal Code of the Republic of Moldova, doctrinal views in this matter, supported by jurisprudence, provide effective scientific and practical support for resolving some of the problems associated with the application of these legal norms, as well as for improving the regulatory framework in this field.

Scientific problem solved: The solved scientific problem of high level importance lies in conceptualizing the criminal-law protection of declarations that produce legal consequences, with the effect of highlighting the specificity of committing such kind of criminal acts, including the normative ways of committing these crimes, to help streamline criminal liability for statements willfully causing legal consequences.

The theoretical significance and value of the work lies in the multifaceted study of the concept of malicious statements n criminal law and its integral part - legal consequences. The scientific study of the typology of malicious statements, the characterization of the constituent elements of incrimination both from the Criminal Code of the Republic of Moldova and from the legislation of other countries, are full of theoretical significance. Scientific dissertations, scientific debates, conclusions and opinions of authors about malicious statements, made up of specific cases of judicial practice, provide numerous theoretical aspects for research.

Implementation of scientific results. The results of the research can be used in scientific investigations on crimes that have as an object a malicious statement entailing legal consequences in the investigation of criminal cases of this type of crime, in improving the norms of criminal law and in the educational process within the faculties of law.