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Transnational crime: criminal sanctioning normative and politics for prevention and combating


Author: Sterschi Florena Esther
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:2016
Scientific adviser: Valeriu Cuşnir
doctor habilitat, professor,
Institution:

Status

The thesis was presented on the 16 January, 2016
Approved by NCAA on the 25 February, 2016

Abstract

Adobe PDF document0.45 Mb / in romanian

Thesis

CZU 343.9 (043.3)

Adobe PDF document 2.76 Mb / in romanian
181 pages


Keywords

Transnational organized crime, transnational crime, criminal organization, criminal organized group, criminal structured group, international cooperation

Summary

“Transnational crime: criminal sanctioning normative and politics for prevention and combating”, doctor’s thesis in law specialization 554.01 – Criminal and criminal executional Law, Chisinau 2015. The thesis includes three chapters, general conclusions and recommendations, bibliography of 161 titles and 167 pages of basic text. The results were published in 10 scientific papers. Key words: Transnational organized crime, transnational crime, criminal organization, criminal organized group, criminal structured group, international cooperation. Study field. The study approached the criminal law domain, the attention being based on the legal and criminal analysis of transnational organised crime. Purpose of the doctorate thesis consist from investigation, on theoretical and practical basis, of legal and criminal problems regarding transnational organised crime. In the same way the study intended to improve the quality of the regulatory framework and effective measures to prevent organized crime. Objectives: defining the concepts of transnational organized crime, reviewing the regulatory framework on organized crime in Romanian and Republic of Moldova criminal law, characterization of the institutional framework on preventing and combating transnational organized crime at the european level, analysis of the principles of cooperation between states, especially with reference to the EU, in the domain of prevention transnational organized crime. The scientific novelty and the originality of obtained results: It is the first work of such complexity, in the specialization literature of Romania and the Republic of Moldavia, in which is performed a pertinent, pragmatic and comparative scientific research of the main legal problems in the field, where are formulated conclusions and recommendations, which insure the elaboration and efficient performance of concrete proposals of “lex ferenda”, valid for both states. The solved scientific problem resides in the multidimensional approach to penal policy on the phenomenon of transnational organized crime, analysis and reassessment of the legislative framework for preventing and combating the phenomenon, which is likely to contribute to the development and improvement of the penal norm in this area. The theoretical importance and the applicative value of the paper resides in the complex research of the organized crime phenomena, but especially the transnational organized crime, defining conceptual bases for criminal law, including a vast theoretical and practical materials in order to pursue development of main directions for organized crime activities, drawing new expectations at theoretical and methodological framework in domain of transnational organized crime. The implementation of scientific results. The reference scientific work in the Criminal Law domain, will definitely serve as starting point in research for other Criminal Law specialists and not only, on improving the legal framework from educational and researching domain, being a national priority in harmonizing the legislation in the European community space.