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CNAA / Theses / 2016 / May /

Penal liability for embezzlement of others’ wealth


Author: Selevestru Irina
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: Sergiu Brînză
doctor habilitat, professor, Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 14 May, 2016
Approved by NCAA on the 5 July, 2016

Abstract

Adobe PDF document – 1.01 Mb / in romanian

Thesis

CZU 343.72(043.3)

Adobe PDF document 1.83 Mb / in romanian
188 pages

Keywords

embezzlement of others’ wealth; theft; possession; goods entrusted for administra-tion; cupidity purpose; administrator; administrator of the bank

Summary

The thesis includes: Introduction, 4 chapters, general conclusions and recommendations, biblio-graphy of 497 titles, 146 basic text pages. The achieved results are published in 8 scientific papers.

Field of study. This paper focuses on one of the most actual and complex issues of the Special Part of the Penal law: the penal liability for embezzlement of others’ wealth. The purpose of the doctoral thesis: expending the concept of applying penal liability for offences referred to at art.191 PC RM.

Objectives: establishing the scope and content of the legal object and material object for the offences specified at art.191 PC RM; presenting arguments in support of the thesis that the offences set forth at art.191 PC RM are offences committed by theft; revealing features that characterizes the victim and subject of the offences specified at art.191 PC RM etc.

The scientific novelty and the originality of the achieved results. The novelty of the paper is determined by the fact that within are proposed notions, theses, concepts that put in a new light some of the most controversial issues related to the application of penal liability for offences set forth at art.191 PC RM. The originality of the obtained results consists in the necessity of investigating the most controversial issues of the penal law science and practice with regard to the offences in question.

The important scientific problem resolved consists in developing the interpretation toolkit with regard to the provisions of art.191 PC RM, which led to the clarification for theorists and practitioners in the field of penal law on the applicability conditions of this article, towards respecting the principle of legality during the qualification of actions in accordance to art.191 PC RM.

The theoretical importance and the applicability value of the paper. Based on the conducted investigations, there was revealed several deficiencies of regulatory nature, as well as the insufficiency of scientific works devoted to the investigated matter. This situation prevents the correct application and interpretation of the provisions of art.191 PC RM. To overcome these shortcomings, to the scientific community are submitted a series of conclusions and recommendations to improve the regulatory framework.

Implementation of the obtained scientific results. The results are applicable in the practice of law enforcement bodies, in particular with regard to the interpretation and proper application of art.191 PC RM. Also, the obtained results can be considered in the development of scientific works as guidelines for teachers, students, master and doctoral students.