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Criminal Liability for Coercion to Making Declarations


Author: Jenunchi Elena
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 9 January, 2021
Approved by NCAA on the 4 October, 2021

Abstract

Adobe PDF document – 0.69 Mb / in romanian
Adobe PDF document – 0.63 Mb / in english

Thesis

CZU 343.435(043.3)

Adobe PDF document 2.22 Mb / in romanian
182 pages

Keywords

coercion, threat, unlawful deeds, special subject, declarations, guilt acknowledgement agreement, intention, delimitation, comparative study

Summary

ABSTRACT Jenunchi Elena ,,Criminal Liability for Coercion to Making Declarations”. Ph.D. Thesis in Law, Specialty ,,554.01 Criminal Law and Criminal Executive Law”. Chisinau, 2020 Thesis structure: Introduction, 4 chapters, general conclusions and recommendations, references comprising 173 titles, 158 pages of basic text, 1 annex and 6 figures. The obtained results have been published in 9 works. Key words: coercion, threat, unlawful deeds, special subject, declarations, guilt acknowledgement agreement, intention, delimitation, comparative study. Field of study: Criminal Law. Special Part Goal and objectives of the thesis. The goal hereof lies in conduct of a deeper examination of such a crime as coercion to making declarations, as specified by article 309 of the Criminal Code, as well as in making certain proposals de lege ferenda aimed to increase the efficiency of the legal framework incriminating the coercion to making declarations. The following objectives have been pointed out in order to achieve this goal: identifying the place of coercion to making declarations within the range of crimes against justice; carrying on legal analysis of the essential elements of the crime stipulated by article 309 of the Criminal Code; identifying all special subjects of the crime of coercion to making declarations, to the fullest and most precise extent; establishing the reasons for non-reflection of the crime of coercion to making declarations in the judicial practice, and making proposals for improving the bases of incrimination; delimiting the coercion to making declarations from certain associated criminal deeds; developing a model of incrimination under article 309 of the Criminal Code, aimed to improve the criminal and legal framework. Scientific novelty of the obtained results lies in conduct, for the first time, of a complex criminal and legal research of the crime regulated by article 309 of the Criminal Code ‘Coercion to Making Declarations’. There have been outlined the lines delimiting the crime under analysis and other associated criminal deeds. As a result of studying the foreign criminal rules, there have been formulated the proposals de lege ferenda aimed to increase the efficiency of the legal framework incriminating the coercion to making declarations. Theoretical significance. This thesis may be as a significant scientific and methodological support for the specialised doctrine, particularly, for further development of the theoretical and regulatory concept of the crime under analysis. Applied value. The results obtained as a result of this study may be used in scientific, training and educational activities, as well as in practical activities of law-enforcement authorities or in the law-making process. 6