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Criminal Legal Liability - Form of Legal Liability


Author: Cerchez Mihnea Alexandru
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2019
Scientific adviser: Andrei Smochină
doctor habilitat, professor, Institute of History of the ASM
Institution: Free International University of Moldova

Status

The thesis was presented on the 4 October, 2019
Approved by NCAA on the 6 December, 2019

Abstract

Adobe PDF document – 0.44 Mb / in romanian

Thesis

CZU 340.116:343.1 (043.3)

Adobe PDF document 1.31 Mb / in romanian
175 pages

Keywords

legal liability, liability, forms of legal liability, criminal liability, objective criminal liability, criminal sanction, unlawful deed

Summary

Structure of the thesis: The thesis is structured in introductory section, four main chapters, conclusions and recommendations, bibliography from 265 sources. The paper is spread over 162 pages of basic text, and the obtained results are published in 10 scientific papers.

Field of study. General Theory of Law Aim of the thesis.The PhD thesis aims to investigate criminal legal liability as a distinct form of manifestation of legal liability in the light of new legislative, doctrinal and jurisprudential changes in Romania and the Republic of Moldova, in the light of the requirements of the General theoryof law.

Objectives of the research: definition of criminal legal liability, argumentation of the independence of criminal legal liability as a distinct form in the legal system of legal liability, the theoretical reflection of the essence, its distinctive signs, purpose, principles and modalities of criminal legal liability, establishing the structure of the criminal liability institution, identifying the particularities of criminal legal liability in different areas of legal regulation, from the perspective of new legislative,doctrinal and jurisprudential trends. Scientific novelty and originality derive from the multi-perspective approach of criminal legal liability as a distinct form of manifestation of legal liability, in terms of the requirements of the General theory of law, in the light of the new regulations in Romania and the Republic of Moldova, in the context of the transformations that took place in the legislative field in the two states, outlining new theses and concepts meant to cast a new light upon issues of liability for the breach of criminal law.

The settled scientific issue consists in substantiating the distinctive signs, functions, principles and modalities of criminal legal responsibility in terms of the requirements of the General Theory of Law, highlighting the particularities of criminal legal liability in various legal regulatory areas, from the perspective of new legislative, doctrinal and jurisprudential transformations, in order to improve the legal regulations from the researched field, contributing to the reformation of the legislation in Romania and the Republic of Moldova and representing a guarantee of the lawfulness of the commitment on the criminal legal liability.

The theoretical relevance of the work lies in the systematization and structuring of the theoretical approaches regarding the forms of legal liability, in general, of criminal legal responsibility, in particular the determination and definition of the concept of criminal liability, the identification of the role and place of criminal legal liability in the legal system of legal liability, the theoretical reflection of the essence, functions, principles and modalities of criminal legal liability, highlighting the particularities of criminal legal liability in different areas of legal regulation, adding a rich theoretical material required for the development of the institution of legal liability.

The applicative value of the work. The theoretical approaches reflected in the contents of the paper will facilitate the emergence and development of new studies or researches on criminal legal liability, one of the central institutions of legal liability. At the same time, the conclusions outlined in the paper are designed to develop or complement institutions that are specific to the general theory of law or specific to other branches of law, and can be considered both in the educational process and in the drafting of normative acts, contributing to the reform of the legislation in Romania and the Republic of Moldova and representing a guarantee of the lawfulness of the commitment on the criminal legal liability.

Implementation of scientific results. The results have been applied in the process of teaching the course ,,Theory of liability and legal responsibility” in the Free International University of Moldova and Romanian Universities.