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Legal-criminal analysis of the crime of mercenary activity provided in art. 141 CP RM


Author: Vera Macovei
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:2021
Scientific adviser: Raisa Grecu
doctor habilitat, associate professor (docent)
Institution: University of European Political and Economic Studies "Constantin Stere"

Status

The thesis was presented on the 4 January, 2021
Approved by NCAA on the 27 April, 2021

Abstract

Adobe PDF document – 1.02 Mb / in english
Adobe PDF document – 0.38 Mb / in romanian

Thesis

CZU 343.33 (043.3)

Adobe PDF document 2.36 Mb / in romanian
224 pages

Summary

Annotation Vera Macovei “Legal-criminal analysis of the crime of mercenary activity provided in art. 141 CP RM ”. Doctoral thesis in law. Doctoral School in Law, Political and Administrative Sciences, USPEE “C. Stere ”-ASEM, Chisinau 2020 The structure of the work: The doctoral thesis elaborated includes: Introduction; 4 chapters, general conclusions and recommendations; bibliography of 373 titles; the statement regarding the assumption of responsibility; Author's CV. Field of study: Criminal law Special part Purpose and objectives of the worl: The purpose of the investigation consists in the complex analysis of the constitutive elements of the crime provided in art.141 CP RM The activity of mercenaries and the theoretical-practical evaluation of the constitutive content of the analyzed crimes; in highlighting the situations that appeared in the judicial practice in the process of legal classification of the investigated criminal act with the argumentation of proposals for their solution and the formulation of conclusions and recommendations aimed at deepening the theoretical-practical conceptualization and further improving the incriminating framework for mercenaries. In order to achieve the proposed goal, the following objectives were set: researching the existing doctrinal concepts and theses in the literature in the country and abroad related to the topic of investigation; the theoretical-normative analysis of the two standard variants of the crime components provided in art. 141 CP RM Activity of mercenaries; appreciation of the fullness of the normative regulations and identification of the existing imperfections in the incrimination norms stipulated at art.141 CP RM; analysis of the legal framework for criminalizing the activity of mercenaries in the legislation of other states; formulating conclusions and recommendations as a ferenda law aimed at optimizing the incriminating framework in the researched matter. Scientific novelty and originality: The innovative dimension of the thesis is marked by the fact that this is a first attempt at a comprehensive and complex analysis of the theoretical and practical problems of criminal liability for crimes under art.141 CP RM, in which they found, in particular, the expression: analysis of the specific features of the “mercenary” as the subject of the crime provided in paragraph (1) art.141 CP RM; accurate detection of the purpose of the mercenary activity; arguing the opportunity to complete the regulations from paragraph (2) art.141 of the Criminal Code of the Republic of Moldova with another normative way of committing the criminal act - “recruitment”; motivating the opportunity to complete the normative framework for criminalizing the analyzed crime with new aggravating circumstances. The theoretical importance and appliance value of the work lies in the fact that it is a scientific support for further deepening theoretical and practical research in the field of criminal law, formulates proposals aimed at improving the legislative framework of criminalization and overcoming controversial practical situations of application of art.141 CP RM. 6