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Qualification of Unity and Plurality of Crimes


Author: Prisacari Vadim
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: Alexandru Mariţ
doctor, professor, Institute of History of the ASM
Institution: University of European Political and Economic Studies "Constantin Stere"

Status

The thesis was presented on the 23 September, 2022 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.50 Mb / in romanian
Adobe PDF document0.52 Mb / in romanian

Thesis

CZU 343.23(043.3)

Adobe PDF document 1.79 Mb / in romanian
217 pages


Keywords

single crime, the plurality of crime, cumulative crime, qualification, prolonged crime, repeated crime, complex crime, legal practice

Summary

PhD Thesis. Doctoral School in Law, Political and Administrative Sciences of the National Consortium of Educational Institutions, ASEM and USPEE "C. Stere". Chisinau, 2022

Thesis structure: Introduction, 5 chapters, general conclusions and recommendations, bibliography of 467 titles, 186 pages basic text. The fundamental ideas and scientific results are exposed and published in 13 scientific papers.

The domain of study: This thesis belongs to the judicial domain, the General Part.

The purpose and objectives of the study consist in conducting a comprehensive theoretical and practical study aimed at qualifying the unity and plurality of crimes, establishing the specific qualification of some forms inherent to the single crime and the plurality of crimes, as well as identifying and settling practical difficulties reported in the process of qualifying the single crime and the plurality of crimes.

To achieve the goal, the following tasks were set: to distinguish the cumulative crimes from (i) some forms of the unique crime, as well as from (ii) the institution of competition of norms; highlighting the features of the qualification of some specific crimes, from the point of view of the unity and plurality of crimes; identifying practical difficulties in the legal-criminal qualification of criminal deeds, from the point of view of the unity and plurality of crimes; revealing the regulatory deficiencies on qualification of the single crime and cumulative crimes, etc.

The scientific novelty and originality of the obtained results find expression in the fact that has been conducted a theoretical-practical in-depth study, from new positions, of the rules for the qualification of the various forms of the single crime and the cumulative crimes (a form of criminal plurality). The scientific novelty of the elaborated paper also consists in: a) the approach of the rules for the qualification of the single crime and cumulative crimes concerning some specific criminal deeds; b) conducting a comparative study of the norms of the legislation of some foreign states in the field of qualification of a single crime and competitive crimes; c) putting forward several legislative proposals that can lead to the improvement of the regulatory framework aimed at qualifying a single crime and the competitive crimes, etc.

The solved scientifically issue consists in the development of a comprehensive conceptual framework concerning specific ways of qualifying the single crime and the plurality of crimes (taking into account the existing regulatory framework, legal on this issue, as well as good legislative practice), which led to the highlighting of some regulatory deficiencies and some practical difficulties in qualifying such crimes and, consequently, to the proposal of some legislative suggestions that can contribute to the improvement of the regulatory framework, precisely to direct the practitioners of criminal law to the correct qualification of a single crime and the cumulative crimes.

The theoretical importance and the practical value of this thesis. This paper is a scientific and theoretical foray, which is of great importance for the doctrine of criminal law. The thesis presents various approaches (including from new positions) of the rules qualifying the single crime and the cumulative crimes. From a practical point of view, this paper can contribute to the activities of persons authorized to apply criminal law in the proper qualification of criminal deeds under the rules for qualifying the single crime and the cumulative crimes. The paper is of practical importance, especially considering that a sufficiently large number of court judgements (more than 150 applicable acts (awards, decisions) were submitted for analysis.

The implementation of the scientific results. They are applied in the process of training students from the law faculties of higher education institutions.