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Author: Maria Sofia Pagarin 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: 2007 Scientific consultant: Xenofon Ulianovschi doctor habilitat, professor, Moldova State University Institution:

Status The thesis was presented on the 6 October, 2007 Approved by NCAA on the 20 December, 2007 Abstract – 0.25 Mb / in romanian Thesis CZU 343.4(341.231.14) 1.55 Mb / in romanian 221 pages

Keywords

Summary

In the elaboration of the paper, we tried to study the problems from the point of view of the general theory of systems, taking into account that the institution of the suspension of the penalty under supervision is part of a broader and ampler institution – alternative methods of detention and the science of the penal right, as a superior entity above all- and in interdependence with the other elements of the system, associate and interdependent institutions.

The starting point of the study lies in studying, comparing, thoroughly analyzing and elucidating the institution of the penalty under supervision and of the interdependent institutions- the individualization of the sanctions of penal right, probation, mediation, restorative justice and formulation of several suggestions regarding their pattern-making for the juridical system and the realities between the two countries, Romania and Republic of Moldova, on the one hand, and the perspective of integration, on the other hand.

The scientific innovation of the investigation consists in the fact that a complex research has been undertaken in the field of the analysis of the juridical institutions of the individualization of the sanctions of penal right, of the suspension of the penalty execution under supervision and probation. The research has also a new character in the aspect of the comparative analysis, both between the law systems between the two countries and inside these as well as between the analyzed institutions and the other European similar institutions.

The investigation is useful as a support for a thorough study of the analyzed institutions, and implicitly the improvement of the legislative and institutional frame between the two countries through the final propositions and suggestions, the elaboration of a theoretical concept about joining the national legislation to the international one under the perspective of integration.

The results of the investigation made possible the elaboration definitions of the institution of the individualization of the penal punishment, of the suspension of the penalty under supervision and probation etc.

Also, it was undertaken the study of the basis of scientific methodology and, especially of the principles of logic regarding the definition of the concepts; the investigation of terms and concepts of individualization of the sanctions of penal right, the suspension of the penalty under supervision and probation; a complex study of the analyzed institutions emphasizing the interdependence connections among these; the identification of limits and their possibilities of action regarding the actual and next legislation and their contribution at the insurance reinforcement and the stability of the rapports of penal right in the two countries; propositions and suggestions regarding their pattern-making for the juridical system and realities between the two countries, Romania and the Republic of Moldova, on the one hand and the perspective of integration, on the other hand.

Oficial Reviewers

• Mihai Gheorghiţă
  doctor habilitat, professor, Free International University of Moldova
• Alexandru Mariţ
  doctor, professor, Institute of History of the ASM

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