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Professional Secrecy in the Criminal Law of Romania and of the Republic of Moldova: Criminal Law Research


Author: Moțoc Costică
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 6 November, 2021 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.60 Mb / in romanian
Adobe PDF document0.56 Mb / in english

Thesis

CZU 343.45(498+478)(043)

Adobe PDF document 1.81 Mb / in romanian
238 pages


Keywords

professional secrecy; privacy secrecy; secondary secrecy; informational security; information’s inviolability; protection of confidential information

Summary

Structure of thesis: Introduction, 3 Chapters, general conclusions and recommendations, bibliography of 292 titles, two appendices, 167 basic text pages. The obtained results are published in 16 scientific papers including one monographic study.

The purpose of the Ph.D. thesis: elaboration of the scientific and empirical concept of professional secrecy penal protection in Penal Law of Romania and Republic of Moldova, by approach of de lege lata and de lege ferenda.

The objectives of investigation:

demonstration of necessity of penal sanctioning of criminal misdeeds which violate the professional secrecy as a part of criminal misdeeds which are committed against security of confidential information; analysis of penal norms which provide security of professional secrecy in accordance with the penal legislation of Romania and Republic of Moldova; identification of some circumstances which are important to be found by the judicial courts during examination of those criminal misdeeds.

The scientific novelty and originality of the obtained results: those results are flowing out the multifaceted, interdisciplinary and the newest application of criminal liability for criminal misdeeds which are committed against security of confidential information protected in the regime of professional secrecy, by means of strengthening national incriminating regulations well-adjusted to the doctrine, as well as to the universal and regional international instruments and mechanisms relevant for crimes in this sphere, and consists of a manifold scrutiny of criminal liability for the misdeeds incriminated by those articles of the Criminal code of Romania and Republic of Moldova on a standard of a Ph.D. thesis.

The obtained results which contribute solving of the foremost scientific problem: it consists in groundwork pivotal elements and items of crimes using penal law, along with suggesting recommendations de lege ferenda which will contribute to increasing of prevention and its counteraction of violation of professional secrecy by means of fortifying law enforcement authorities’ efficiency, as well as improvement of relevant law practice in this domain.

Theortical importance: it is expressed in the defining the conceptual basis of the scientific research in the Criminal Law concerning criminal liability for the criminal misdeeds of violation of professional secrecy, as well as in identifying some scientific perspectives concerning limits and conditions of the criminal liability for those criminal misdeeds. Practical value of the research paper: the performed research permitted to establish that there exist several gaps and deficiences in the art.227 of the Criminal code of Romania and art.177 of the Criminal code of the Republic of Moldova, they create obstacles in the correct application and interpretation of the penal regulations concerning penal protection of professional secrecy. As a result, in order to eliminate those gaps there are proposed several recommendations in order to improve the present penal regulations.

Implementation of the scientific results: the scientific results can be applied in the professional activity of the law enforcement authorities, especially concerning correct legal appreciation of the misdeeds incriminated by the art.227 of the Criminal code of Romania and art.177 of the Criminal code of the Republic of Moldova, as well as the collateral crimes. At the same time, they can be useful during the elaboration of some scientific publications and other issues for the scientific workers, teachers, students, including those who are pleading for master degree and Ph.D.