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Threatening murder or severe bodily injury or damage to health


Author: Angheluță Mihaela
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: Lilia Gîrla
doctor, associate professor (docent), Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 30 October, 2021 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.61 Mb / in romanian
Adobe PDF document0.64 Mb / in romanian

Thesis

CZU 343.61(478)(043)

Adobe PDF document 3.04 Mb / in romanian
316 pages


Keywords

violence; psychic violence; threat; psychic freedom; murder; severe bodily injury or damage to health; the danger of accomplishing the threat

Summary

The structure of the thesis: introduction, four chapters, general conclusions and recommendations, bibliography of 703 titles, 278 pages of basic text. The results achieved are published in 18 scientific papers.

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 examine the criminal-legal aspects of the threatening murder or severe bodily injury or damage to health, to establish the shortcomings that characterize the criminal-legal protection of psychic freedom, to suggest to the legislator solutions to improve the quality of criminal-legal protection of this social value, as well as to contribute to the application of art. 155 CC RM in accordance with the principle of legality.

The objectives necessary to achieve this purpose are: determining the social danger of the act incriminated in the art. 155 CC RM; historical-legal and comparative-legal analysis of the norms establishing liability for the threatening murder or severe bodily injury or damage to health; the scientific substantiation of the derivation of the special juridical object of the offense provided by the art. 155 CC RM from the generic juridical object of the offenses provided by the Chapter III of the special part of the Criminal Code; identification of the characteristics of the victim of the offense provided by the art. 155 CC RM; defining the notions of “psychic violence” and “threat”, as well as establishing the correlation between these notions; determining the connection between the notions of “psychic coercion” and “threat”; the characterization of the two obligatory conditions that the threat in the meaning of art. 155 CP RM must fulfill; the interpretation of the word “murder” and of the phrases “severe bodily injury or damage to health” and “provided that the danger of accomplishing such a threat exists” from the art. 155 CC RM etc.

The novelty and the scientific originality of the thesis. This paper is the first investigation at the level of a doctoral thesis, dedicated to the offense provided by the art. 155 CC RM. We consider that this dissertation is distinguished by its novelty based on the following scientific results: the establishment of the constitutive elements of the offense provided by the art. 155 CC RM through a systemic interpretation of this article and of the norms with which art. 155 CC RM is in a conflict; examination of the offense, provided by the art. 155 CC RM, from the perspective of the ideal cumulation and the real cumulation of offenses; establishing the correlation between the offense, provided by the art. 155 CC RM, and the attempt to comite some acts that involve the application of physical violence, etc.

The theoretical significance of the thesis is expressed in: a) determining the juridical essence of psychic violence and threat; b) resizing the criminal-legal protection of the psychic freedom of a person; c) the detailed characterization of the constitutive elements of the offense provided by the art. 155 CC RM; d) establishing the imperfections that characterize both the provision of the art. 155 CC RM, as well as the practice of its application.

The applicative value of the thesis consists in: a) revealing the errors of application of the art. 155 CC RM contributes to the prevention of such errors; b) analysis of the shortcomings characterizing the art. 155 CC RM, can be taken into account by the legislator in the process of improving the quality of the criminal law; c) the conclusions and recommendations formulated within the thesis may constitute a benchmark for the more in-depth investigation of the offense provided by the art. 155 CC RM, as well as for the didactic activity carried out in the educational institutions with legal profile.