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CNAA / Theses / 2007 / May /

The criminal-law analysis and investigation of infanticides


Author: Radion Cojocaru
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:2007
Scientific adviser: Valeriu Cuşnir
doctor habilitat, professor,
Institution:
Scientific council:

Status

The thesis was presented on the 23 May, 2007
Approved by NCAA on the 14 June, 2007

Abstract

Adobe PDF document – 0.34 Mb / in romanian

Keywords

Infanticide, active infanticide, passive infanticide, social infanticide, the medical infanticide, the mixed infanticide, infanticide without obstetric aid, the newborn child, a fruit, physical frustration, the mental derangement, obscuring of the consciousness, the limited sanity, criminal abortion, the ultimate fact of infanticide, a placenta, substitute mother, asocial personality, thoughtlessly - konformal personality, consecutive personality.

Summary

The dissertation is devoted to scientific research of criminal, criminal procedure and criminalistic aspects of infanticide.

Dissertational research is based on rather broad audience of references and given to the judicial opinion, combining, thus, the theory with law activity. Alongside with the national legislation, the author has covered the research and criminal-law institutions of other countries that testify to package approach to a problematic of infanticides.

In the first chapter of work questions general law character are construed, evolution and a scene of crime about infanticide in system of crimes against life, the basic concepts and ways of crimination of the given particular act of the criminal legislation to Republic Moldova and their theoretical substantiation is outlined.

Criminal-law characteristics of infanticide are investigated and worded in the second chapter of the dissertation. In this context structure of crime are in detail analyzed. The special attention is given particular signs of infanticide: the newborn child, the period of newborn childhood, time of committing a crime, the mental and physical states of the perpetrator caused by sorts and feature of their display, the limited sanity of the principal offender as a result of sorts etc.

In the conclusive chapter of work practical aspects of criminal investigation of infanticides are investigated. Within the framework of this chapter the criminalistic characteristic, in particular, is constituted and the ultimate fact of the given crime is designated, typical situations of criminal prosecution and methodical features of conducting of some investigatory actions on affairs about infanticides are allocated. The special attention is given scientific and technical methods of proving, including expert testimony in court at investigation of the given category of crimes.

Among innovational elements of research it is allocated new, formulated by the author, the criminal - real law about infanticide, elements of the criminalistic characteristic of the infanticide, typical situations and features of investigation has put about infanticide. Complex character of dissertational research has allowed the author to develop a lot of practical recommendations for correct qualification and investigation of infanticide.