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The false document as material object of the offence, offence’s product or means of committing the crime


Author: Reşetnicov Artur
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:2009
Scientific adviser: Sergiu Brînză
doctor habilitat, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 19 December, 2008
Approved by NCAA on the 26 February, 2009

Abstract

Adobe PDF document – 0.35 Mb / in romanian

Thesis

CZU 343.53:366.54

Adobe PDF document 1.31 Mb / in romanian
235 pages

Keywords

material object of the offence, offence’s product, means of committing the crime, document, false document, falsification of document

Summary

Thesis in question is dedicated to the plenary scientific investigation of the questions related to the false document as material object of the offence, offence’s product or means of committing the crime. For that purpose, dissertational research is based on rather broad audience of references and given to the judicial opinion, combining, thus, the theory with law related to the analyzed questions. On the grounds of the logical, historical and comparative methods, these questions are researched as a phenomenon of legal reality.

Thus, there was used a plenty of normative sources and learned works of our and foreign authors as well. As a result of the carried out research work, the author demonstrated the juridical essence of the false documents.

In the first chapter of dissertation, is analyzed the necessity of delimitation of the material object and immaterial object of the offence. Also, the documentary information as the object of direct criminal influence is treated. The author demonstrated that the presence of the offence’s product is indispensable in those cases when the accusatorial provision contains wording like “falsification”, manufacturing”, “fabrication”, artificial creation” etc.

In the second chapter of this work, the document falsification is thoroughly analyzed. The author conducts a detailed study of the document notion. The notion of document and its falsification presented in a multitude of laws of Republic of Moldova are brought into discussion. As a result, the author synthesizes the relevant features of the notion “document” and points out the characteristics of a document.

In the third chapter, it is researched the role of the false document as a mean of swindle, of causing material damage by swindle or abuse of trust and other criminal actions. There are pointed out situations when the legislatives interpret incorrectly the role of the false document in the penal law.

In the fourth chapter of dissertation, is carried out a juridical-historical and juridical-comparative analysis of the penal responsibility settlement for the falsification of the documents.