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CNAA / Theses / 2018 / June /

Criminal punishment of juveniles


Author: Casandra Ioana
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: Valeriu Cuşnir
doctor habilitat, professor,
Institution: Free International University of Moldova

Status

The thesis was presented on the 30 June, 2018
Approved by NCAA on the 23 November, 2018

Abstract

Adobe PDF document – 0.56 Mb / in romanian

Thesis

CZU 343.121(043.3)

Adobe PDF document 2.29 Mb / in romanian
179 pages

Keywords

child, minor, minority, adolescence, age, cause of impunity, criminal-law relationship, limited / full responsibility, criminal liability, educational measure, criminal punishment, juvenile delinquency

Summary

Thesis structure: Introduction, three chapters, general conclusions and recommendations, a bibliography of 152 titles, 3 tables, 5 graphical representations (2 annexes), 134 basic text pages. The scientific results obtained have been published in 6 scientific articles.

The field of study focuses on general criminal law with multiple specific nuances which derived from the content of the special criminal law. In the context the problem is also specific by certain elements of criminological matter The aim and objectives of the study: investigation of the criminal responsibility of minors according to the criminal laws of the Republic of Moldova and Romania and the complex analysis of the repressive model of punishment of minors under the CC of the Republic of Moldova. Objectives: general analysis of the age stages of the active subject of the offense; identifying and analyzing the goal of criminal responsibility of minors; the systematized quantitative analysis of the norms indicating the criminal responsibility of minors; elucidating the essence of criminal punishment of minors and their purpose; the multi-faceted interpretation of the system of criminal penalties applied to minors under the CC of the Republic of Moldova; the quantitative assessment of the categories of criminal penalties applied to minors under the CC of the Republic of Moldova; identifying general conclusions and recommendations to streamline the system of criminal responsibility of minors and the form of realization of this responsibility, taking into account the necessity to include in the CC of the Republic of Moldova liberal system of criminal responsibility of minors, etc.

The novelty and scientific originality of the study consists in outlining some scientific premises for a substantial modification of the normative framework in force, especially regarding the terminology used in the Criminal Law of the Republic of Moldova regarding the criminal responsibility of minors, as well as the proposal to include in legal normative action the legal regime of the criminal responsibility of minors, according to the general model adopted in Romania. In the context, however, the repressive system of sanctions in mixed form for the Republic of Moldova is maintained, although Romania has adopted a liberal regime. The important scientific problem solved: the elucidation of the significance of the criminal responsibility of minors according to the CC of the Republic of Moldova and Romania, in particular by its realization in the form of criminal punishment, which contributed to highlighting the need to transform the repressive model of punishment of minors, according to the Criminal Code of the Republic of Moldova, into a liberal model which would allow the system of criminal responsibility of minors to be brought into line with European and international standards in this field.

Theoretical significance of the work. The work is part of the monograph research that elucidates one of the forms of achieving criminal responsibility for juveniles - criminal punishment (according to CC RM) and can be proposed to students, master students and PhD students in order to examine the announced opinions and to create prospective research plans. The applicative value of the study is derived from: the possibility and the reality of its use in the educational-educational process within the legal higher education institutions; the possibility of its application as a guide for certain persons (judges, prosecutors, criminal prosecution officers, lawyers) involved in the implementation of criminal law in general and in particular in the criminal responsibility of minors, the interpretation of the system of criminal penalties applicable to minors in accordance with the Criminal Code of the Republic of Moldova is of special separate interest; the opportunity to formulate certain ideas for the legislator with a view to improving the criminal responsibility of minors by detailing the liberal system of authorizing this category of active crime subjects.

Implementation of scientific results. The scientific results of the study were presented in the content of 6 published scientific articles including through participation at international conferences in particular: Annual international scientific conference of PhD students and young researchers "Contemporary Trends in the Historical and Legal Patrimony of the Republic of Moldova" (Chisinau: UASMD , IISD of the ASM, "Petre Andrei" University of Iasi, Romania, 2012), International Theoretical and Scientific Conference "The Importance of Democratic Institutions in Human Rights Assurance" (Ministry of Education, RM, 2011).