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Theoretic and practice considerations concerning forestry crimes


Author: Costache Nuţu
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:2007
Scientific adviser: Vasile Dobrinoiu
doctor în drept, profesor universitar, Universitatea „Nicolae Titulescu”, Bucureşti, România
Institution:

Status

The thesis was presented on the 15 December, 2006
Approved by NCAA on the 1 March, 2007

Abstract

Adobe PDF document – 0.33 Mb / in romanian

Thesis

CZU 343.77

Adobe PDF document 0.99 Mb / in romanian
160 pages

Keywords

tree, spawn/tiller, ratoon, forest, woodsy/silvan fund, silvan vegetation/greenery, wood, timber, silvan branding iron, silvan districts, silvan arrange ments, forest guard, silvan crime fighting, windfallen or cut daen trees due to calamities, damage value, silvan legislation, silvan code, silvan crimes, silvan summary offences, tree stealing, silvan vegetation clearing, illegal tree cut, forest distruction or degradation, timber stealing, illegal grazing, silvan crime object, silvan crime subjects, silvan crime content, types, proceedings, sanctions legal procedures – regarding silvan crimes, unauthorised occupancy of the wood land, silvan branding iron forgery

Summary

This thesis is dedicated to the analysis of the theoretical and practical regards of the silvic crimes.

The present thesis is reserved to the analysis of the facts that put in danger or embarrass the activities that injure or affect the state’s interests, those of economic agents or these of the citizens.

The analyzed facts constitute an ensemble of great important incriminations in order to protect the national economy and directly to protect the silvic contents.

First fo all, there are delt with the problems regarding the importance of the silvic contents and the need of its protection. Then there have been analyzed „in extenso” wich are the main causes that affect and produce the committing of silvic crimes and offences. There has also been underlined that the silvic crime represents one of the most grave aspects and one of the characteristics of the crime phenomenon of the contemporary society.

In the thesis content there are also emphasized the main activities destined to prevent and to fight against the crime phenomenon from the silvic domain.

In this there are given back detailed information regarding the aspects of the history of silvic law and the elements of comparable right, resorting to the old and present laws, as also laws from other states like Germany, Austria, France or Turkey.

Then there are also analyzed the general and common regards of the silvic crimes – being delt with the preexisting condition, the constitute contents and the form of these facts.

A separate chapter is especially dedicated to the study of silvic crimes. First of all, there are analyzed the crimes from The Silvic Code (Law nr. 26/1996) and the those regulated by O.G. 96/1998 approved by Law nr. 141/1999.

To each of these, there are given back a series of solved examples in the judicial practice, also there being expressed personal opinions regarding some different controversed aspects in the specialty literature and in the activity of the law courts.

The third chapter is reserved for given back some important suggestions of law, aspect destined to contribute to the development of the silvic law.

The information given by the national international statistics, the results of national an international sociology research and other present informative materials are widely used in the thesis.