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Infractional relapse: criminal-juridical and criminological aspects


Author: Vitalie Sîli
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:2008
Scientific adviser: Gheorghe Gladchi
doctor habilitat, professor, Academy "Stefan cel Mare" of Ministry of Internal Affaires
Institution:

Status

The thesis was presented on the 5 March, 2008
Approved by NCAA on the 17 April, 2008

Abstract

Adobe PDF document – 0.35 Mb / in romanian

Thesis

CZU 343.9 (043.2)

Adobe PDF document 1.27 Mb / in romanian
224 pages

Keywords

Relapse, recidivist’s delinquency, relapsing, relapse state, recidivist, persons who committed the infractions in the relapse state, relapse classification, punichment appliement, recidivist`s personality, factors of recidivists delinquency, causes and conditiones of recidivist’s criminality, recidivist’s typology, prevention of recidivist’s delinquency, recidivists social reintegration

Summary

The present doctor’s thesis represents a complex analysis of the legislation of the Republic of Moldova, regarding the legislation of other state, which contains stipulations concerning infractions relapse, as well as research dedicated to different aspects of the infractions relapse and of the recidivist’s delinquency.

In the thesis are researched the relapse and recidivist’s delinquency in all their complexity, being defined those notion, studied the circumstances that exclude relapse state and relapse modalities.

It was also done the criminological characteristics of the relapse. A special place occupies also the study of historical evolution of the settlements and relapse sanctioning, that have to be considered at the punishment establishment and execution, also the particularities of the punishment establishment and individualization and of the free responsibility and criminal punishment of the persons who committed the infractions in the relapse state in the conformity with the legislation in force.

It was undertook the research of the causes and conditions of the recidivist’s delinquency, recidivist`s personality, measures of general, special and individual preventing of this delinquency type, as well as the particularities of recidivists social reintegration .

For the completion and substantiation of theoretical dispositions there was studies and analyzed the statistical dates, records of the convicted for the committed infractions in the relapse state, it was also performed a sociological poll in the environment of the respective persons, fact that led to the obtaining of the novel dates for our country.

In the present paper there are completely emphasized different aspects of the infraction relapse and recidivist’s delinquency, that allowed formulating of the improvement proposals of the legislation in force, managing the systematization of different versions to the theme tackled in the paper, also the material completion concerning the elucidation of the particular aspects regarding infractions relapse recidivist’s delinquency.

The doctor’s thesis tackles more scientific concepts that can be used in the activity of legislative creation, as well as didactic material in the frame of law faculties and in the daily activity of the specialist from the law norms protection organs.