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Family violence: aspects of the Criminal Law


Author: Corcea Nicolae
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: Mariana Timotin-Grama
doctor, associate professor (docent), Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 1 June, 2019 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.55 Mb / in romanian

Thesis

CZU 340.11:343.55(478)

Adobe PDF document 1.68 Mb / in romanian
184 pages


Keywords

family violence; violence; domestic violence; family; family member; close relative; mistreatment; other violent acts; abuse; isolation; intimidation; victim of family violence; acts of persecution

Summary

Structure of thesis: Introduction, 3 chapters, general conclusions and recommendations, bibliography of 447 titles, one appendix, basic 149 text pages. The obtained results are published in 19 scientific papers.

The purpose of the Ph.D. thesis: elaboration of the scientific and empirical concept of criminal liability for family violence as a criminal misdeed provided by the art.2011 of the Criminal code of the Republic of Moldova, by approach of de lege lata and de lege ferenda.

The objectives of investigation: establishment of the legal content of the criminal misdeeds provided by the art. 2011 CC RM; establishment of the factual content of the criminal misdeeds provided by the art. 2011 CC RM; synthesis of the resemblances and the differences between family violence criminal misdeeds and other colateral violations of penal or extra-penal nature etc.

The scientific novelty and originality of the obtained results: those results are flowing out the multifaceted, interdisciplinary and the newest application of criminal liability for family violence, by means of strengthening national incriminating regulations well-adjusted to the doctrine, as well as to the national case law, to the universal and regional international instruments and mechanisms relevant for family violence crimes, and consists of a manifold scrutiny of criminal liability for the misdeeds incriminated by the article art.2011 of the Criminal code of the Republic of Moldova on a standard of a Ph.D. thesis.

The obtained results which contribute solving of the foremost scientific problem: it consists in groundwork pivotal elements and items of family violence crimes using penal law and judicial practice, along with suggesting recommendations de lege ferenda which will contribute to increasing of family violence prevention and its counteraction by means of fortifying law enforcement authorities’ efficiency, as well as improvement of relevant law practice in family violence.

Theoretical importance: it is expressed in the defining the conceptual basis of the scientific research in the Criminal Law concerning criminal liability for the criminal miseeds of the family violence provided by the art. 2011 CC RM, as well as in identifying some scientific perspectives concerning limits and conditions of the criminal liability for those criminal misdeeds.

Practical value of the research paper: the performed research permitted to establish that there exist several gaps and deficiencies in the art.2011 CC RM, they create obstacles in the correct application and interpretation of the penal regulations concerning family violence. As a result, in order to eliminate those gaps there are proposed several recommendations in order to improve the present penal regulations.

Implementation of the scientific results: the scientific results can be applied in the professional activity of the law enforcement authorities, especially concerning correct legal appreciation of the misdeeds incriminated by the article 2011 CC RM. At the same time, they can be useful during the elaboration of some scientific publications and other issues for the scientific workers, teachers, students, including those who are pleading for master degree and Ph.D.