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Release of criminal responsibility in the context of the laws of the Republic of Moldova


Author: Glavan Boris
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:2010
Scientific adviser: Gheorghe Gladchi
doctor habilitat, professor, Academy "Stefan cel Mare" of Ministry of Internal Affaires
Institution:

Status

The thesis was presented on the 11 September, 2010
Approved by NCAA on the 4 November, 2010

Abstract

Adobe PDF document – 0.30 Mb / in romanian

Keywords

release of criminal responsibility, the type of release of criminal responsibility, legal basis of release of criminal responsibility, conditions of release of criminal responsibility

Summary

Release of criminal responsibility in the context of the laws of the Republic of Moldova. Doctor in law thesis. Chisinau, 2010. Thesis structure is the following: introduction, three chapters, conclusions, and bibliography with 280 assignments, and 167 pages of main text, 8 figures, 5 appendices. The acquired results are published in 11 scientific works. Key words: release of criminal responsibility, the type of release of criminal responsibility, legal basis of release of criminal responsibility, conditions of release of criminal responsibility. Field research of the thesis concerns the institutions of criminal law, in particular release from criminal responsibility and its role in regulating the legal relations of criminal conflict. The purpose of the work consists of carrying out extensive investigations on the institution of criminal liability release determined by national legislation in Moldova and developing appropriate recommendations to improve the legislative provisions in this area. Thesis objective placed in the definition, the essence of the legal framework and legal nature of exemption from criminal liability, as well as a distinction from other similar institutions. The thesis also aims to analyze types of exemption from criminal liability. Novelty and originality consists in bringing scientific study for the first time in Moldova, the scientific investigations on a monograph to elucidate different aspects of release from criminal liability issues. In this paper is formulated the concept of release of criminal responsibility, established the legal nature of this institution, investigated crime and legal basic as a contrition for release of criminal responsibility, addresses the question of the relationship between this institution with the constitutional principle of "presumption of innocence". Besides being considered the main issues relating to the legal regulation of release of criminal responsibility, sets out proposals to improve the criminal law in order to enhance the fight against crime by maximizing the positive potential of criminal procedures investigated. The theoretical and applied significance of the work is that the theoretical propositions and conclusions realized in dissertations, as well as generalizations and suggestions can be used: in the legislative process to further improve the national criminal law in the area of release of criminal responsibility; develop scientific investigations on the subject of research to criminal liability, criminal liability release etc.; teaching material criminal law and criminal procedure in legal profile educational institutions and in continuing professional development recipients crime; in the activities of criminal prosecution, prosecutors and courts in addressing the problems related to the exemption from criminal liability. Implementation of scientific results. Scientific results are implemented in the training of students in the Academy "Stefan cel Mare" of Ministry of Internal Affairs of Moldova.