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Criminal liability for offenses against public security expressed in illegal manipulations with weapons and ammunition


Author: Serbinov Angela
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: Sergiu Brînză
doctor habilitat, professor, 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 document0.50 Mb / in romanian

Thesis

CZU 343.34(043.3)

Adobe PDF document 1.71 Mb / in romanian
199 pages


Keywords

firearm, ammunition, illegal manipulations, impunity clause, careless storage, illegal carrying, purchasing, producing, repairing, marketing

Summary

Structure of thesis: Introduction, 3 chapters, general conclusions and recommendations, bibliography of 452 titles, 174 pages basic text. The fundamental ideas and scientific results are exposed and published in 11 scientific papers.

The purpose of the Ph.D. thesis: conducting a thorough investigation in the area of criminal liability for crimes against public security expressed in illegal manipulation with weapons and ammunition, in identifying and solving the theoretical-practical problems in the part referring to the offenses stipulated in art. 290 and 291 PC RM, as well as in drafting legislative proposals capable of optimizing the current legal framework in this field.

The objectives of investigation: determine the peculiarities of the material object of the crimes stipulated ain art. 290 and 291 PC RM; theoretical and practical approach to the objective side of the offenses specified in art. 290 and 291 PC RM; specification of the subjective mandatory signs inserted in the text of the analized norms; outlining the conditions in which it is operable the impunity clause provided in para. (3) of art. 290 PC RM; delimitation the offense provided in art. 291 PC RM by certain related administrative contraventions etc.

The scientific novelty and originality of the obtained results: find expression in the fact that has been achieved, for the first time, a thorough research, in the legal-criminal aspect, of the offenses specified in art. 290 and 291 PC RM, as genuine offenses against public security expressed in illegal manipulations with firearms and ammunition. Hence the novelty of the results obtained, since the work is one of the first of such an extent, dedicated exclusively to the judicial-criminal investigation of the offenses recorded in art. 290 and 291 PC RM, in which the constituent elements of the said offenses are subject to a multilateral investigation, including in accordance with the relevant legal framework and judicial practice in the matter.

The obtained results which contribute solving of the foremost scientific problem: it consists in elaboration of a complex conceptual framework on the constitutive signs of crimes against public security expressed in illegal manipulations with arms and ammunition in accordance with the current theoretical and normative framework, which made it possible to identify the imperfections of the incriminating analized norms and, accordingly, submitting a series of proposals to improve the examined incriminated text to prevent and combat criminality in this area as effectively as possible.

Theoretical importance: the thesis can constitute a solid scientific and methodological support for the literature, especially for the further development of the science of criminal law.

Practical value of this thesis: this thesis certainly can facilitate the work of practitioners, representing a real scientific-practical support. Moreover, the work has important theoretical and practical valences, the analysis being subject to more than 150 court decisions, which have also served as an empirical basis for the study.

Implementation of the scientific results: they are applied in the process of training students from the law faculties of higher education institutions, as well as in the practical work of the law enforcement bodies.