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CNAA / Theses / 2018 / June /

The vandalism: legal-criminal analysis.


Author: Sofia Pilat
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 advisers: Xenofon Ulianovschi
doctor habilitat, professor, Moldova State University

,
Institution: Academy "Stefan cel Mare" of Ministry of Internal Affaires

Status

The thesis was presented on the 29 June, 2018
Approved by NCAA on the 23 November, 2018

Abstract

Adobe PDF document – 0.49 Mb / in romanian

Thesis

CZU 343.34(043.3)

Adobe PDF document 1.11 Mb / in romanian
184 pages

Keywords

vandalism, defamat ion, destruction, deterioration, edifices, other builds, goods from public transport, goods from other public places, public order.

Summary

Subject area. Criminal law. Goal and objectives of the paper. The goal of this paper is to carry out an extensive and mult ilateral investigation of the whole spectrum of criminal-law issues related to the crime of vandalism ass well ass the determination of the legal nature and place of this case in the system crimes against public securit y and order. The objectives of the paper are to study the evolut ion of the normative framework of the vandalism.

The analysis of the criminal law of other states on the liability for crime of vandalism. Defining the concepts of „vandalism”, „defamation”, „destruction”, „edifices”, „other build”, „public transport goods”, „goods for other public places”; the examinat ion of the object ive and subjective elements of the offense provided in art. 288 CC; elucidation of the aggravating circumstances of the vandalism offense, highlighting the criteria for delimitat ion of the criminal offense specified in art. 288 CC and other offense of similar nature; submitting recommendations in the form of law ferenda. Scientific novelty and originality. This PhD thesis constitutes a complex and wellstructured research of the theoretical and practical problems related to the vandalism. The examination and the systematization of the empirical material had an important role for emphasizing the specific peculiarit ies of vandalism.

The originality of this study consists of submitt ing a set of recommendat ions in terms of law ferenda, especially: the introduction, in Chapter XIII of „The Meaning of Some Terms or Expressions in this Code” from the General Part of the CC, art. 13414 „Defilement of edifices and others buildings” and art. 13415 „Reasons for prejudice, contempt or hate”; changing the editorial of art. 288, part (1) CC by replacing the word „destruction” with „deterioration”; completing art. 288 CC, part (2) with the following aggravat ing circumstance: let. a) „For reasons of prejudice, contempt or hate”.

The important scientific problem solved it is to elucidate the legal and criminal traits of the vandalism crime, and also to submit a set of recommendations in the field of law ferenda, which will contribute to streamline the activity of the competent law enforcement and to improve the practice of applying the criminal law rule in questions. Theoretical significance. The theoretical significance of the study stems from the through and complex research of the theoretical and practical basis exposed in the autochthons and from abroad literature regarding the vandalism offense.

Application value of the paper. The applicative value of the paper lies in the author’s attempt to formulate some conclusions and recommendations in the form of law ferenda which could improve the nat ional criminal legislat ion and facilitate the word of interpretations and applicat ion by the legal bodies of the norm specified in art. 288 CC. Implementations of scientific results. The conclusion of this study could help improve the practice of applying the criminal law norms of vandalism, and also can be used in the process of training for students of I, II and III courses in the inst itutions of higher education in law as well as the audience training courses. Also, the doctoral thesis materials can be consulted bay any reader.