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CNAA / Theses / 2015 / June /

Effects of extenuating and aggravating circumstances in criminal law


Author: Stăvilă Mihai
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:2015
Scientific adviser: Alexandru Mariţ
doctor, professor, Institute of History of the ASM
Institution: Free International University of Moldova

Status

The thesis was presented on the 2 June, 2015
Approved by NCAA on the 7 July, 2015

Abstract

Adobe PDF document – 0.43 Mb / in romanian

Thesis

CZU 343.21(043.2)

Adobe PDF document 1.66 Mb / in romanian
197 pages

Keywords

criminal policy, criminalization, decriminalization, penalization, depenalization, differentiation, individualization, criminal responsibility, criminal chastisement, circumstance, condition, extenuating, aggravating, effect

Summary

The structure of the study: introduction, three chapters, general conclusions and recommendations, bibliography containing 173 of titles, 155 pages of basic text, 8 graphic presentations. The obtained results are published in 6 scientific researches.

Field of study. The research study was focused at criminal law (the general part), special attention being given to individualization/differentiation of criminal chastisement on the basis of extenuating and aggravating circumstances of criminal chastisement.

The scope and objective of the study. The scope consists in establishment of differentiation algorithms of criminal chastisement through circumstances which extenuate or aggravate criminal chastisement; implicitly a viable and efficient mechanism of individualization of criminal chastisement was provided. The objectives of the present study are: establishment of bundle and conceptual delimitation between criminalization and decriminalization categories, penalization and depenalization, differentiation and individualization; identification and description of law categories content of differentiation and individualization of criminal chastisement, differentiation and individualization of criminal chastisement, individualization and differentiation of criminal chastisement execution; establishment and analysis of correlation between content of different modifying circumstances of criminal chastisement: extenuating circumstance, aggravating circumstance, worsening condition, mitigation condition; analysis of extenuating and aggravating circumstances effects on criminal chastisement, including in correlation with other modifying conditions of criminal chastisement; elaboration of individualization algorithm of criminal chastisement on the basis of differentiation content through extenuating and aggravating circumstances, etc.

Scientific novelty and originality of obtained results have been shaped by: conceptual delimitation of differentiation noun from individualization of criminal chastisement; delimitation of individualization process of criminal chastisement from that of criminal responsibility individualization and individualization process of criminal chastisement execution; extenuating and aggravating circumstances effects and those of attenuation and aggravation condition of criminal chastisement are going to be separately analyzed; certain general criteria of criminal chastisement individualization have not materialize certain applicative efficiency; extenuating and aggravating circumstances effects are not fully described through differentiation content on the basis of these general criteria; legal means in terms of individualization through differentiation does not involve possibility and inevitability of an equitable chastisement; extenuating and aggravating circumstances, under their effect aspect, does not differentiate certain rules of their application in successive order, etc. The important scientific solved problem lay in elaboration of an algorithmic system of correlation with other modifying conditions of criminal chastisement, which contributed to improvement of differentiation process, in terms of its application in the framework of an eventual process of efficient individualization of criminal chastisement.

Theoretical significance. The elaborated Phd thesis possibility to develop a scientific theory and principles in matters of criminal chastisement differentiation and individualization, especially through modifying circumstances of criminal chastisement. The applicative value of the research study comes from incidence investigations in scientific research, didactic, practical and applicative activity and in the process of law modification.

Implementation of scientific results. Conclusions and recommendations, which form scientific results of the undertaken scientific research were reflected in 6 scientific articles published in scientific magazines, including participation at international scientific and practical conferences.