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Criminal liability for taking bribes and giving bribes


Author: Brînza Cristian
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:2022
Scientific adviser: Vitalie Stati
doctor, associate professor (docent), Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 30 October, 2021
Approved by NCAA on the 28 April, 2022

Abstract

Adobe PDF document – 0.68 Mb / in romanian
Adobe PDF document – 0.60 Mb / in english

Thesis

CZU 343.222:343.352

Adobe PDF document 3.04 Mb / in romanian
351 pages

Keywords

corruption; bribery; taking bribes; giving bribes; illicit remuneration; private sector; commercial, social, or other non-state organization

Summary

The structure of the thesis: introduction, five chapters, general conclusions and recommendations, bibliography of 582 titles, 318 pages of basic text. The results achieved are published in 22 scientific papers.

Key-words: corruption; bribery; taking bribes; giving bribes; illicit remuneration; private sector; commercial, social, or other non-state organization. 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 dissertation lies in the in-depth investigation of liability for the offenses provided by the art. 333 and 334 CC RM, in resolving controversies related to the interpretation of these articles, as well as in formulating recommendations necessary to improve the quality of criminal law, complementary extra-criminal rules and acts of interpretation of criminal law. In order to achieve this purpose, we propose the following objectives: revealing the legal-criminal implications of the notion of corruption, as well as the meaning of this notion from the perspective of art. 333 and 334 CC RM; examination of theoretical views on liability for the offenses provided by the art. 333 and 334 CC RM; establishing the content of the constitutive signs of these offenses, as well as the aggravating circumstances of the offenses provided by the art. 333 and 334 CC RM; analysis of the aspects of comparative criminal law of liability for taking bribes and giving bribes; interpretation of art. 333 and 334 CC RM in the light of international regulations on preventing and combating corruption in the private sector; recourse to extra-criminal norms in order to interpret art. 333 and 334 CC RM, as well as the demarcation of the spheres of application of these articles; the dissociation of the acts, incriminated in art. 333 and 334 CC RM, from related offenses; analysis of the judicial practice in the matter and highlighting the difficulties that characterize the application by practitioners of art. 333 and 334 CC RM; identification of quality defects of the provisions of art. 333 and 334 CC RM.

The novelty and the scientific originality of the thesis is confirmed by the fact that, for the first time in the Republic of Moldova, an investigation at doctoral thesis level of liability for the offenses provided by the art. 333 and 334 CC RM is carried out. In this thesis, original visions and solutions are proposed regarding: the secondary juridical object of taking bribes; the material or immaterial object of the offenses provided by the art. 333 and 334 CC RM; the subject of these offenses; aggravating circumstances of the offenses provided by the art. 333 and 334 CC RM etc.

The theoretical significance of the thesis consists in: redefining the conceptual bases of the criminal law study regarding the liability for the offenses provided by the art. 333 and 334 CC RM; determining the legal essence of the offenses provided by these articles; establishing the defects that characterize art. 333 and 334 CC RM; the accumulation of a vast theoretical and practical material for the development of current and complex directions of investigation of the offenses provided by these articles.

The applicative value of the thesis consists in: the interpretation, in accordance with the principle of legality, of art. 333 and 334 CC RM are important in establishing a uniform practice for the application of these articles, as well as for the further development of scientific concepts in the field; the results of the critical evaluation of the defects, which characterize art. 333 and 334 CC RM, may be taken into account by the legislator in the process of continuous improvement of the criminal law; the results, obtained in the thesis, can demonstrate their usefulness in the activities of the criminal prosecution authorities, prosecutors and courts, as well as in the training process within the educational institutions with legal profile.