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Object of the crimes against property


Author: Sergiu Brînză
Degree:doctor habilitat 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:2005
Scientific consultant: Constantin Bulai
doctor
Institution:

Status

The thesis was presented on the 30 September, 2005
Approved by NCAA on the 27 October, 2005

Abstract

Adobe PDF document – 0.34 Mb / in romanian

Keywords

object of the crime, social danger of the crime, social relationship, social value, material object of the crime, direct object of the crime, generic object of the crime, complex object of the crime, additional object of the crime, estate, property, elements of the estate, crimes against property, crimes by means of misappropriation, crimes by deception, crimes by destruction or by trespass, intellectual property

Summary

This dissertation is dedicated to the scientific research of the questions, which are linked to the object of the crimes against property and its definition. Especially is analyzed the concept of the object as in penal doctrine both in penal legislation. Also, there are carefully examined types of the objects which are protected by Criminal Law, and importance of the generic and material object of the crime in theory and in practice of Criminal Law.

In this scientific research it is discussed about complex problem of estate, which forms the object protected by Criminal Law, is examined the essence of estate as a social value; is explained the necessity of Criminal Law involving in order to provide effective and proper protection of estate. The author critically appreciates the possibility of the recognition of the estate’s elements as the object protected by law. At the same time he gives convincing arguments in order to demonstrate the important role and place of estate as a generic object.

In continuation, he examined the connection between generic and direct objects of each crime against property. As a result, there were applied different methods such as dogmatic survey, comparative research and experimental way of cognition, which gave the possibility to form different suggestions and conclusions, considered to be obligatory for our penal doctrine, and linked to the recriminalization of the offences against the intellectual property.

There were applied lot of normative acts, international treaties, decisions of the Supreme Court of Justice, acts of the Constitutional Court of Justice, cases from the judicial practice, and also scientific researches of the native and foreign authors. As a result of his investigation, author has examined the essence of the object of the crimes against property, has based his own arguments on facts of necessity of penal protection of the estate, has elaborated different suggestions in order to improve the legislation in force. Those results which were obtained can be applied as in the activity of the legal authorities both in the educational process and further scientific research.