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The Terrorist Act within the Framework of the Criminal Law


Author: Cojocaru Violeta M.
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:2020
Scientific adviser: Vladislav Manea
doctor, associate professor (docent)
Institution: Moldova State University

Status

Term of presenting of the thesis 31 October, 2020

Abstract

Adobe PDF document0.53 Mb / in romanian
Adobe PDF document0.51 Mb / in english

Thesis

CZU 343.326(043.3)

Adobe PDF document 2.08 Mb / in romanian
264 pages


Keywords

explosion, arson, terrorist act, terrorist organisation, threat, intimidation of population, impunity clause, fire-arm, explosives etc.

Summary

Doctoral School of Legal Studies of Moldova State University. Chisinau, 2020 Structure of thesis. The thesis encompasses an introduction, four chapters, general conclusions and recommendations, a bibliography of 374 titles; 237 pages – the core part of the thesis, including 230 pages of main text, and 27 pages – the complementary part, including 23 pages of sources. The obtained results were published in 12 scientific articles.

Area of study. This thesis belongs to the domain of Special Part of the Criminal Law.

Research aim and objectives. The aim of the research is to carry a fundamental comparative investigation into the criminal liability for all crimes falling under the generic name of terrorist act; to identify and solve theoretical and legislative issues related to the aforementioned crimes and to formulate some de lege ferenda proposals aiming at enhancing the incriminating framework in this matter. The objectives set for this thesis are: to analyse the alternative normative means to convey the prejudicial action provided by paragraph (1) article 278 of the CC of the RM; to highlight the mandatory subjective signs embedded in article 278 of the CC of the RM; to outline the conditions under which the impunity clause provided for in paragraph (6) article 278 of the CC of the RM becomes operational, including the ones that characterise the special circumstance attenuating the criminal liability for the commission of terrorist acts foreseen in paragraph (5) article 278 of the CC of the RM; to conduct a comparative analysis of the criminal regulations found in certain foreign legislations in the area of the crimes that fall into the category of terrorist act; to identify the legislative gaps hindering the enforcement of the incriminating norms laid down in article 278 of the CC of the RM etc.

Scientific novelty and originality ensue from the comprehensive legal-criminal research on the crimes laid down in article 278 of the CC of the RM. The scientific novelty of this dissertation consists of: 1) full argumentation of the fact that the crimes falling under the name of terrorist act (article 278 of the CC of the RM) mainly encroach to the social relations being in organic derivation with public security, not with state security or international (human) security; 2) identification of the correlation between the norms embedded in article 278 of the CC of the RM and those laid down in paragraph (3) article 2791, 290 and 292 of the CC of the RM; 3) specification of the construction of the outcomes pursued by the offender when committing the terrorist acts; 4) approach to the rationale for establishing the criminal liability for the legal entities committing terrorist acts etc.

Theoretical significance. The theoretical value of this dissertation emerges from the fact that it is a profound and multi-aspectual investigation into the constitutive elements of the crimes provided for in article 278 of the CC of the RM through the lenses of the new provisions related to the norms laid down in the article. This thesis contributes to the series of comparative studies approaching the terrorist acts from the legal and criminal standpoints.

Applied value. The results of this thesis can be applied in the educational process of the law schools, will be relevant for the professionals entitled to enforce the criminal legislation and for the lawmakers in the process of constant improvement of the quality of criminal law.