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Criminal liability for creating or directing a criminal organization


Author: Andrei Cazacicov
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: Radion Cojocaru
doctor, associate professor (docent), Academy "Stefan cel Mare" of Ministry of Internal Affaires
Institution: Academy "Stefan cel Mare" of Ministry of Internal Affaires

Status

The thesis was presented on the 19 January, 2022
Approved by NCAA on the 28 April, 2022

Abstract

Adobe PDF document – 1.05 Mb / in romanian
Adobe PDF document – 0.91 Mb / in english

Thesis

CZU 343.34(043.3)

Adobe PDF document 4.26 Mb / in romanian
268 pages

Keywords

criminal organization, criminal group, organized criminal group, terrorist organization, terrorist group, organized crime, creation, direction, participation

Summary

Thesis structure: introduction, 5 chapters, general conclusions and recommendations, bibliography of 407 titles, 208 pages of basic text, 6 annexes. The results are published in 19 scientific papers.

Goal of dissertation. The purpose of the paper consists in the theoretical and practical analysis of the crime of creating or leading a criminal organization, in order to solve the problems and difficulties that arise in its application, as well as submitting scientifical and practical recommendations to improve the national normative framework.

Objectives of dissertation: estimation the degree of evolution of the national and foreign criminal doctrine, regarding to the crime of creating or leading a criminal organization; analysis the evolution of the incriminating normative framework of the crime; explanation the concept of „organized criminal group” and „criminal organization” in terms of international standards; performing a comparative study of criminal laws of the other states in relation to similar crimes to those provided by art. 284 Penal code of R.M.; examining the objective and subjective signs related to the investigated crime and evaluating the quality of requirements for this norm; practical solving of the problems faced by law enforcement agencies in establishing responsibility for the creation or leading of a criminal organization; establishing delimitations with other components of similar crimes; submission of legislative proposals to perfect the legislative framework.

Scientific novelty and originality. This PhD thesis is a complex and well-structured research of the theoretical and practical problems considering the crime of creating or directing a criminal organization. Historical, comparative and legal research offers an opportunity to advance some recommendations of improving the national regulatory framework, i.e.: changing the concept of organized criminal group (art. 46 of the Penal Code) and criminal organization (art. 47 Penal Code); improving the text of the art. 284 Penal Code (constitution of an organized criminal group or a criminal organization), modifying art. 284, par. (2) Penal Code and removing it to a new article – art. 2841 Penal Code (constitution of a terrorist group or a terrorist organization).

The important scientific problem solved consists in elaboration of a conceptual framework that will allow the uniform interpretation of the objective and subjective signs of the crime provided in art. 284 of the Penal code and relates the incrimination model to the international standards; identification of imperfections admitted in art. 284 Penal code, with offering of proposals for their exclusion.

Theoretical significance. Due to the fact that the study is well systematized and documented, it offers theoretical and practical solutions for the qualification of the crime of creating or leading a criminal organization. The thesis highlights some current and forward-looking problems that may arise in the practice of applying the criminal law, but also of the ways of their adequate solution.

The applicative value consists in offering a compilation of the doctrinal material, the formulation of practical recommendations for solving uncertain situations, the presentation of the eloquent interpretation of the elements and signs of the composition of the crime.

Implementations of scientific results. The judgments and conclusions of this study can be used in the education process of students of higher education institutions and in the activity of practitioners directly involved in the process of preventing and combating organized crime. The proposals and recommendations will be useful for the perspective improving of the national regulatory framework.