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The penal responsibility for the actions that disorganize activity of the penitentiary institutions


Author: Manea Vladislav
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 28 August, 2009
Approved by NCAA on the 1 October, 2009

Abstract

Adobe PDF document – 0.28 Mb / in romanian

Keywords

condemned person, penitentiary institution, imprisonment, execution of punishment, correction, disturbance of activity, criminal group

Summary

Thesis in question is dedicated to the scientific investigation of the questions of the penal responsibility for the actions that disorganize activity of the penitentiary institutions, crime that is provided for by article 286 of Criminal Code of the Republic of Moldova. 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 activity related to the crime in question. On the grounds of the logical, historical and comparative methods, the crime, provided for by article 286 of Criminal Code of the Republic of Moldova, is 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 actions that disorganize activity of the penitentiary institutions. Also, there was disclosed the contents and the essence of the constituent elements of this crime.

In the first chapter of dissertation, is carried out a study of juridical base for applying the penal responsibility for the actions that disorganize activity of the penitentiary institutions. In purpose of reception of positive legislative experience, is carried out a comparative analysis of the penal norms related mentioned crime, from the almost twenty penal legislations.

In the second chapter of this work, are investigated the questions of juridical qualification of the crime provided for by article 286 of Criminal Code of the Republic of Moldova. It offer the possibility to form different suggestions and conclusions, considered to be obligatory for our penal doctrine. Also, there is proposed to modify the article 286 of Criminal Code of the Republic of Moldova so as to adjust it to the actual social necessities.

In the third chapter, are analysed the problems related crime cumulus and norms concurrence in the case of the actions that disorganize activity of the penitentiary institutions. It was realized in the purpose to identify the demarcation criteria between this crime and other criminal deeds.