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CNAA / Theses / 2008 / May /

Contribution to Study of Punishment


Author: Ioan Graur
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 31 May, 2008
Approved by NCAA on the 18 September, 2008

Abstract

Adobe PDF document – 0.35 Mb / in romanian

Thesis

CZU 343.8(043.3)

Adobe PDF document 1.38 Mb / in romanian
184 pages

Keywords

criminal punishment, criminal liability, purpose and functions of criminal punishment, system and types of criminal punishment, subjects of criminal liability, penal sanction, legal liability, responsibility, violation of legal norm, characteristic features of criminal punishment, criminal offence, forms of criminal liability.

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 criminal punishment 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 criminal punishment in several countries of the world. This theme remains to be important because of some problems which exist in the sphere of punishment and which haven’t been elucidated in our practice or doctrine. For example, some problems which are linked to the purposes and functions of criminal punishment, its legal essence, comparative research of system of criminal punishment in different countries, discussion of the effectiveness of community service and other non-custodial types of criminal punishment. Some disputable questions of capital punishment were solved. Several methods of scientific research were applied; there were formulated different important point of view which can contribute to further studying of criminal punishment.