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CNAA / Theses / 2008 / May /

Terms of prescription in Criminal Law


Author: Florin Sârbu
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:2008
Scientific adviser: Victor Moraru
doctor, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 30 May, 2008
Approved by NCAA on the 18 September, 2008

Abstract

Adobe PDF document – 0.35 Mb / in romanian

Thesis

CZU 343(043.3)

Adobe PDF document 1.01 Mb / in romanian
166 pages

Keywords

prescription in criminal law; prescription of criminal liability; prescription of execution of criminal sentence; term of prescription in criminal law; interruption of prescription’s term of criminal liability; interruption of prescription’s term of execution of criminal sentence; halt of prescription’s term of criminal liability; halt of prescription’s term of execution of criminal sentence

Summary

It is known that any type of violation of Criminal law (commission of the crime) appears like a conflict situation between actual prohibited acts and will of the legislator. This conflict creates a penal relationship, inside of which the state fulfils its right to prosecute and to punish the person who infringed the law, but the perpetrator is on duty to suffer all unpleasant consequences of this criminal infringement.

Being social dangerous and illegal these acts induce to a reaction of the state in order to withstand and to punish all the criminal deeds committed by the perpetrator. This legal attitude of the state must be quick; its main purpose is to restore the normal legal order of the state, otherwise it loses its own importance and significance. So, legal institution of prescription in criminal law keeps its effectiveness only in the case when it has a logical consumption in a proper manner and proper period of time. Outflow of time compel people to forget harm committed by the crime commission and reduces level of their indignation and outrage. Reforms which have taken place in the criminal legislation of the Republic of Moldova and Romania provoked the inevitability of scientific research on this theoretical domain of Criminal law, in special comparative analysis of the term prescription in several countries of the world. It is speaking about reducing and excluding of the repressive function of Criminal law. This theme remains to be important because of some problems which exist in the sphere of prescription and which haven’t been elucidated in our practice or doctrine. For example, influence of time upon the criminal relationships and their development, peculiarities of term prescription of criminal liability, analysis of prescription of the criminal sentence and so on. Time erases memory of people about unpleasant events linked to crime commission and as a result avoids criminal liability of the perpetrator and his punishment. These criminal consequences were analyzed in this scientific dissertation.