Attestation committee
Accreditation committee
Expert committee
Dispositions, instructions
Normative acts
Nomenclature
Institutions
Scientific councils
Seminars
Theses
Scientific advisers
Scientists
Doctoral students
Postdoctoral students
CNAA logo

 română | русский | english


Criminal liability for the murder in the heat of passion


Author: Berdilo Rodica
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: Vitalie Stati
doctor, associate professor (docent), Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 23 October, 2021 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.62 Mb / in romanian
Adobe PDF document0.55 Mb / in english

Thesis

CZU 343.222:343.61

Adobe PDF document 3.26 Mb / in romanian
341 pages


Keywords

murder; the heat of passion; suddenness; acts of violence; gross insults; other unlawful acts; other immoral acts; mitigation of criminal liability

Summary

The structure of the thesis: introduction, five chapters, general conclusions and recommendat ions, bibliography of 628 titles, 307 pages of basic text. The obtained results are published in 25 scient ific papers.

Key-words: murder; the heat of passion; suddenness; acts of violence; gross insults; other unlawful acts; other immoral acts; mitigation of criminal liability. Field of the thesis. This research refers to the field of criminal law, special part.

The purpose and the objectives of the thesis. The purpose of the thesis is to conduct a thorough investigation of criminal liability for murder committed in the heat of passion, in identifying vulnerabilities related to the interpretation and application of the art. 146 CC RM, concrete measures will be elaborated and proposed regarding the improvement of the normative framework in the matter. In order to achieve the proposed goal, the following objectives were formulated: establishing the constitutive signs of the notion of murder; studying the models of foreign legal elevation in order to identify the similarities and differences in relation to the model of regulating the liability for murder, committed in the heat of passion, from the criminal law of the Republic of Moldova; historical analysis of regulat ions on murder committed in the heat of passion; clear, complete and convincing argumentation of the opportunity to mitigate liability in the case of this crime; revealing the content of the special juridical object of the crime provided by the art. 146 CC RM; identification of the characteristics of the victim of the crime provided by the art. 146 CC RM; establishing the content of the prejudicial act within the analyzed crime; characterizat ion of the prejudicial consequences and of the causal link in the case of the crime provided by the art. 146 CC RM; characterizat ion of the heat of passion of the subject of the analyzed crime etc.

The novelty and the scientific originality of the thesis is determined by the fact that this work is one of the first attempts to in-depth study of the issues of criminal liability for the crime provided by the art. 146 CC RM. This is the first work in which judicial practice on such a subject is examined, and, at the same time, the technical and legal shortcomings of the art. 146 CC RM. Moreover, specific proposals were made to improve the incriminating and related regulatory framework.

The theoretical significance of the thesis consists in: defining the conceptual bases of the study of criminal law issues of liability for a crime provided by the art. 146 CC RM; systematization of the theoretical approaches regarding the establishment of the constitutive elements of the crime provided by the art. 146 CC RM; the accumulation of a vast theoretical and practical material for the development of some current and complex directions of investigation of the crime provided by the art. 146 CC RM; drawing new perspectives on the theoretical-methodological framework of the real basis and the legal basis of criminal liability for the offense provided by the art. 146 CC RM.

The applicative value of the thesis can be summarized as follows: the interpretation of the concepts used in the art. 146 CC RM is important for the correct and uniform application of this article in judicial practice, as well as for the further development of scientific ideas; study of the most controversial aspects characterizing the crime provided by the art. 146 CC RM will make a certain contribution to the development of scientific polemics; the conclusions and recommendations formulated in the dissertation can be used in the activities of the criminal prosecution authorities, prosecutors and courts and in the educational process in higher educational institutions of the legal profile; a critical analysis of the identified shortcomings and gaps in the art. 146 CC RM can be taken into account by the legislator in order to improve the quality of the text of this article.