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Criminal liability for theft or extortion of drugs or ethnobotanicals


Author: Secrieru Sergiu
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:2019
Scientific adviser: Radion Cojocaru
doctor, associate professor (docent), Academy "Stefan cel Mare" of Ministry of Internal Affaires
Institution: Academy "Stefan cel Mare" of Ministry of Internal Affaires

Status

The thesis was presented on the 27 December, 2018
Approved by NCAA on the 25 January, 2019

Abstract

Adobe PDF document – 0.27 Mb / in romanian

Thesis

CZU 343.575 (043.3)

Adobe PDF document 1.44 Mb / in romanian
197 pages

Keywords

drugs, ethnobotanicals, narcotics, precursors, analogues, psychotropic substances, plants, theft, extortion

Summary

Structure of thesis: introduction, four chapters, general conclusions and recommendations, bibliography of 234 titles, 159 pages of basic text. The obtained results are published in 8 scientific works.

Domain of study. The thesis is part of the domain of Criminal Law, the special part. The study focuses on the juridical-criminal investigation of the offense provided by the art. 2174 of the Criminal Code.

Purpose and objectives of doctor thesis: The purpose of investigation is to carry out, on the basis of theoretical researches and empirical materials, extensive investigations regarding legal and criminal issues of the offence of theft of drugs or ethnobotanicals. In the same way, the formulation of proposals for improvement of the quality of incriminating normative basis was pursued that will correspond to the tasks of legal reform promotion in the Republic of Moldova.

Objectives: study of incrimination evolution; characterization of theft of drugs or ethnobotanicals in terms of standards established by international antidrug acts; comparative analysis of criminal legislations of other states existing in the field of theft or extortion of drugs or ethnobotanicals; elucidation of the elements and component signs of the offence of theft or extortion of drugs or ethnobotanicals; formulation of some lege-ferenda proposals for improvement of criminal legislation in the field; submission of some recommendations of judicial practice in order to ensure the legality on application of the incriminated norm in art. 2174 of the Criminal Code of the Republic of Moldova.

Scientific novelty and originality of the obtained results: The current thesis of doctor constitutes one of the first complex and well systematized scientific researches of the offence provided by art. 2174 of the Criminal Code, the scientific novelty of which found reflection in a series of scientific results materialized in the improvement of normative-incriminating basis and solving of some applicative issues in matter of the offense of the theft of drugs or ethnobotanicals.

Current scientific subject matter, of major importance, that was settled. Scientific foundation of the elements and constitutive signs of the offense of theft or extortion of drugs or ethnobotanical substances that will have as the effects the correct application of the national criminal law, enhancement of the efficiency of judicial practice and the activity of legal authorities in the prevention and the fight against the analyzed phenomenon. At the same time, there was settled the issue of legislative revision of the norm provided by the art. 2174 of the Criminal Code in consonance with the incriminating standards promoted by the ECHR and the Constitutional Court of the Republic of Moldova.

Theoretical significance and applicative value. Theoretical significance of the concerned study lies in profound and multilateral investigation of theoretical-practical bases exposed in domestic and foreign legal-criminal doctrine regarding the issues of the offence of theft or extortion of drugs or ethnobotanicals. The results obtained within the given investigation will contribute to improvement of theoretical bases of criminal law, including to removal of some gaps in approaching the criminal offense that form the object of study. On this basis, there were submitted proposals of lege-ferenda for improvement of normative framework existing in the field.

Theoretical significance and applicative value. The executed study presents a conceptual basis that describes at the theoretical level the premises of the application of the art. 2174 of the Criminal Code of the Republic of Moldova and the legal classification of the action; factual modalities of the offense of the theft or extortion of drugs or ethnobotanics; solutions for the adjustment of the incrimination framework to the European standards, etc. Implementation of scientific results. The scientific results are used in the process of the training of students, master course students and doctoral students in higher educational institutions with juridical profile, but also in the practical activity of the law enforcement authorities.