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Criminal liability for manipulation of an event and for fixed bets


Author: Reniță Gheorghe
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:2021
Scientific adviser: Vitalie Stati
doctor, associate professor (docent), Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 31 October, 2020
Approved by NCAA on the 26 February, 2021

Abstract

Adobe PDF document – 0.55 Mb / in romanian
Adobe PDF document – 0.53 Mb / in english

Thesis

CZU 343.5:796(043.3)

Adobe PDF document 3.03 Mb / in romanian
348 pages

Keywords

sports, fair play, fixed bets, manipulation, participant in a sports event, participant in a betting event, match-fixing, gambling organizer

Summary

The structure of the thesis: introduction, five chapters, general conclusions and recommendations, bibliography of 664 titles, 312 pages of basic text. The results achieved are published in 20 scientific papers.

Field of the thesis. This research refers to the field of criminal law, special part.

The purpose and the objectives of the thesis. The purpose of the thesis is to perform a comprehensive research of criminal liability for manipulation of an event and for fixed bets, in identifying and solving theoretical and practical issues related to these offences, as well as in formulating recommendations for streamlining the incriminating framework in this area and for the correct and uniform application by the courts of the articles 242/1 and 242/2 of the Criminal Code of the Republic of Moldova. In this respect, to achieve the purpose, several objectives were set: 1) the characterization from the viewpoint of criminal law of the objective and subjective elements of the offenses – manipulation of an event and fixed bets, as well as of the aggravating circumstances of the offenses in question; 2) establishing the cases of etiological connection between the offenses provided by the articles 242/1 and 242/2 of the Criminal Code of the Republic of Moldova; 3) the study of the case-law and identification of the problems faced by those endowed with the competence to apply criminal liability for the manipulation of an event and for the fixed bets and, therefore, the proposal of solutions; 4) estimating the foreseeability of the terms and notions used by the legislator in the articles 242/1 and 242/2 of the Criminal Code of the Republic of Moldova etc.

The novelty and the scientific originality of the thesis lies in the thoroughgoing research of the criminal liability for manipulation of an event and for fixed bets, the investigation having a pioneering character in the field of works done in the Republic of Moldova in terms of this topic. In this respect, it is the first thesis in which the case-law in the matter is analyzed, simultaneously being highlighted the technical-legislative deficiencies of the norms provided by the articles 2421 and 2422 of the Criminal Code of the Republic of Moldova. Moreover, there are formulated concrete proposals for improving the incriminating framework.

The theoretical significance of the thesis consists in: (i) establishing the legal nature of the offenses provided by the articles 242/1 and 242/2 of the Criminal Code of the Republic of Moldova; (ii) identification of the legislative gaps and shortcomings; (iii) drawing new perspectives on criminal liability for the manipulation of an event and for the fixed bets; (iv) the interdisciplinary analysis of the norms provided by the articles 242/1 and 242/2 of the Criminal Code of the Republic of Moldova.

The applicative value of the thesis can be summarized as follows: a) the interpretation of the notions from the articles 2421 and 242/2 of the Criminal Code of the Republic of Moldova is relevant for the correct and uniform application of these articles in case-law, as well as for the further development of scientific concepts in the field; b) outlining the particularities of the cumulation of criminal liability with disciplinary liability for manipulation of an event and for fixed bets has a cognitive significance in order to avoid the violation of some fundamental rights; c) the conclusions and recommendations formulated in the thesis can be taken into account by the legislator in order to improve the quality of the content of the articles 242/1 and 242/2 of the Criminal Code of the Republic of Moldova. The thesis can demonstrate its usefulness in the practical activity of the criminal investigation authorities, of the prosecutor's office and of the courts, as well as in the training process in legal education institutions.