scholarly journals HACKING AND COMPUTER CRIMES COMPUTER FRAUD – A COMPARATIVE LOOK AT THE NEW CRIMINAL CODE AND THE CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA

2014 ◽  
Vol 8 (2) ◽  
pp. 29-34
Author(s):  
Alin Teodorus Drăgan
Keyword(s):  
Computer System ◽  
Criminal Code ◽  
The Internet ◽  
Unauthorized Access ◽  
Republic Of Moldova ◽  
Computer Crimes ◽  
The Republic ◽  
Computer Fraud

Hacking involves the attempt to compromise the security of a computer system in orderto gain unauthorized access. In the course of time it has turned out that the Internet is avulnerable system, and this has generated a framework for criminal activities, resulting in theemergence of new crimes, among which computer fraud.

THE CONCEPT OF THREAT IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF MOLDOVA

2021 ◽  
pp. 44-55
Author(s):  
Mihaela Angheluta ◽  
Keyword(s):  
Criminal Code ◽  
Republic Of Moldova ◽  
Informational Influence ◽  
General Part ◽  
The Republic ◽  
Criminal Legislation ◽  
Principle Of Legality

In the Criminal Code of the Republic of Moldova, the concept of threat designates not a socially dangerous phenomenon, but a socially dangerous act. From this perspective, the content of the concept of threat is disclosed in this article. In the Criminal Code, the notion of threat designates the prejudicial action, committed with intent, which is one of the types of mental violence, which involves the exercise of an informational influence on the victim, which has the effect of intimidating it, which assumes that the victim is provided with information about causing her harm, which involves partial or full impairment of the victim’s ability to make decisions and express opinions. The notion of threat must be defined in Chapter XIII of the general part of the Criminal Code of the Republic of Moldova. This definition must be abstracted from details concerning concrete crime components. This would contribute to the interpretation and application of liability for the threat in strict accordance with the principle of legality.

scholarly journals One small step for e-voting, one giant leap for democracy

2020 ◽  
Vol 10 (1) ◽  
Author(s):  
Marina Gorbatiuc
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
International Organizations ◽  
The Internet ◽  
Mutual Understanding ◽  
Small Step ◽  
Law Enforcement Training ◽  
Republic Of Moldova ◽  
Giant Leap ◽  
The Republic

E-voting is the next step of the Republic of Moldova evolution. The article presents advantages of e-voting, all steps of using it, and its many types. Electronic voting refers to elections using electronic means. E-voting can be managed by phones, the Internet, private computer networks or special kiosks. Reasons for accepting this kind of voting are provided. The analyzed in the article OSCE/ODIHR’s (Office for Democratic Institutions and Human Rights) activities which are related to tolerance and non-discrimination are focus on the following areas: legislation; law enforcement training; monitoring, reporting on, and following up on responses to hate-motivated crimes and incidents; as well as educational activities to promote tolerance, respect, and mutual understanding. Conclusions from all ODIHR activities which are carried out in close co-ordination and co-operation with OSCE participating States, OSCE institutions and field operations, as well as with other international organizations are given.

GUILTY IN THE CASE OF TAKING BRIBES AND GIVING BRIBES

2021 ◽  
pp. 98-109
Author(s):  
Cristian Brinza ◽  
Keyword(s):  
Criminal Code ◽  
Training Process ◽  
Practical Activity ◽  
Republic Of Moldova ◽  
The Republic ◽  
Form Type ◽  
Subjective Side

In the present investigation, the notion of guilt is analyzed as a constitutive sign of the subjective side of the offenses provided in art. 333 and 334 of the Criminal Code of the Republic of Moldova, which provide liability for taking bribes and giving bribes, respectively. As a result, the form, type and content of guilt in the case of taking bribes and giving bribes offenses were established. It was demonstrated that the offenses provided in art. 333 and 334 of the Criminal Code of the Republic of Moldova are committed with intent. In the case of these offenses, imprudent form of guilt is excluded. It has been argued that the offenses of taking bribes and giving bribes are committed with direct intent. In the case of such offenses, indirect intent is excluded. Last but not least, the intellectual factor and the volitional factor of the direct intention manifested in the case of the offenses provided in art. 333 and 334 of the Criminal Code of the Republic of Moldova were analyzed. In order to obtain these results, the relevant normative acts from the Republic of Moldova, the international acts in the matter, as well as the specialized criminal doctrine were studied. The conclusions formulated in the present study can be applied in the practical activity, as well as in the training process.

REFLECTIONS ON THE SUBJECT OF THE INFLUENCE PEDDLING (ART. 326 CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA)

2021 ◽  
pp. 122-132
Author(s):  
Vadim Movileanu ◽  
Keyword(s):  
Criminal Code ◽  
Republic Of Moldova ◽  
Public Figures ◽  
Special Part ◽  
Penal Law ◽  
Penal Liability ◽  
The Subject ◽  
The Republic ◽  
Objective Side ◽  
Public Person

This analysis focuses on one of the most complex and actual issues of the Special Part of the Penal Law: the penal liability for influence peddling, particularly the subject in the case of offenses of the influence peddling and the purchase of influence. In this sense, the subject of the crime provided in paragraph (1) article 326 of the Criminal Code of the Republic of Moldova is addressed in detail, which must be a person who has influence or who claims to have influence over a public person, persons with public dignity, foreign public figures or an international official. Thus, a person who has no influence or who does not claim to have influence over a public person, a person with a position of public dignity, foreign public figures or an international official can only contribute - through complicity, organization or instigation - upon execution of the objective side of the crime specified in paragraph (1) article 326 of the Criminal Code of the Republic of Moldova.

A Self-Relocation Based Method for Malware Detection

2012 ◽  
Vol 220-223 ◽  
pp. 2688-2693
Author(s):  
Yu Zhang ◽  
Feng Xia
Keyword(s):  
Computer System ◽  
Malware Detection ◽  
The Self ◽  
The Other ◽  
The Internet ◽  
Sensitive Information ◽  
Malicious Software ◽  
Unauthorized Access ◽  
Base Address ◽  
Computer Operation

Malware (malicious software) is software designed to disrupt computer operation, gather sensitive information, or gain unauthorized access to a computer system. Most malwares propagate themselves throughout the Internet by self-relocation. Self-relocation is a built-in module in most malwares that gets the base address of the code to correctly infect the other programs. Since most legitimate computer programs do not need the self-relocate module, the detection of malware with self-relocation module can be viewed as a promising approach for malware detection. This paper presents a self-relocation based method for both known and previously unknown malwares. The experiments indicate that the proposed approach has better ability to detect known and unknown malwares than other methods.

scholarly journals Comparative Analysis of the Criminal and Legal Protection of Morality in the Legislations of Ukraine and Moldova

2021 ◽  
Vol 66 ◽  
pp. 216-223
Author(s):  
A.V. Shevchuk ◽  
O. M. Bodnaruk
Keyword(s):  
Special Section ◽  
Legal Protection ◽  
Criminal Code ◽  
The Body ◽  
Social Morality ◽  
Moral Virtues ◽  
Structural Part ◽  
Republic Of Moldova ◽  
The Republic ◽  
Criminal Legislation

The article under studies relies on the understanding that the future of any state, society and mankind on the whole largely depends on the moral virtues of each individual. However, today's moral, spiritual and cultural basics are seriously challenged, annihilated and neglected. Resting on a comparative-legal analysis of the current criminal legislation of Ukraine and the Republic of Moldova, the article deals with the peculiarities of the criminal and legal protection of morality, identifies in the above legislations certain common and distinctive features in the context of existence and construction of legal norms, investigates their structural elements and, eventually, determines types of punishment. It has been substantiated that Ukrainian criminal legislation is rather progressive in terms of the criminal and legal protection of morality. It might be explained by the fact that respective criminal and legal prohibitions not only have been reflected in a special section of the Criminal Code of Ukraine, but are also described there in detail. In addition, these prohibitions are marked with partial, but at the same time significant and expedient changes and supplements that completely comply with the present-day challenges (for instance, in terms of liability for cruel treatment of animals, vandalizing a grave or other burial place or the body of the deceased, etc.). Particular emphasis has been laid on the fact that due to the recent changes in the Criminal Code, which came into force in March, 2021, especially striking are the elements of such crimes as access to child pornography, its acquisition, storage, import, transportation or other movement, production, sale and dissemination (Art. 301-1), and carrying out of entertaining action of sexual character with participation of the minor (Art. 301-2). On the other hand, the criminal legislation of Moldova does not contain a separate structural part, which would systematize all socially hazardous actions regarding morality. Instead, certain articles on the protection of social morality are enshrined in different chapters of a Special Part of the Criminal Code of the Republic of Moldova. It is also important that the article under discussion draws a conclusion that the protection of social morality in the criminal legislation of Moldova comprises both traditional for most states norms (for example, liability for pimping, illegal acts on pornographic objects, vandalizing a grave, etc.) and not quite common ones (liability for incest, obtaining child prostitution services; cruel treatment of animals by a person responsible for the care, protection and welfare of animals, for training or veterinary care; vandalism; debauched actions in the form of exhibitionism, compelling to participate in making pornographic performances, etc.).

scholarly journals Legal problems of internet access in the Republic of Moldova

2021 ◽  
Author(s):  
Valery Kuchuk ◽  
◽  
Victor Pushkash ◽  
Keyword(s):  
Human Rights ◽  
Internet Access ◽  
Information Resource ◽  
The Internet ◽  
Republic Of Moldova ◽  
Legal Problems ◽  
The Republic ◽  
Use Of The Internet ◽  
The Right ◽  
Human Rights Violation

In the Republic of Moldova, the Internet has become the main information resource. This, we can appreciate that in comparison with providing a person with many advantages and opportunities, the Internet generates more and more legal problems. The main reason for this is violation of fundamental human rights, violation of the interests of society and the state. The articles provide arguments about the need to regulate the Internet, starting with the Constitution of the Republic of Moldova and ending with the current legislation. In the opinion of the authors, the right to the Internet should also be enshrined in a special law, which would provide for the conditions for access to the Internet, the obligations of service operators and users, restrictions and guarantees of responsible use of the Internet.

scholarly journals Illicit enrichment (art. 3302 of the criminal code of the Republic of Moldova): impediments for the application of criminal liability

2021 ◽  
pp. 12-18
Author(s):  
Adriana Esanu ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Republic Of Moldova ◽  
The Republic

The criminal liability for illicit enrichment is marked by multiple impediments, the most obvious of which are legal. In this regard, the main problem is the lack of clarity and predictability of the establishment and proof possession of goods that substantially exceed the lawful income. Based on the UN Convention against corruption of 31 October 2003, the Parliament of the Republic of Moldova criminalized illicit enrichment without any concern for ensuring predictability and clarity of the rule in question. This article highlights issues related to criminal liability for illicit enrichment and, ultimately, proposes solutions in the hope of improving the incriminating framework and ensuring viability of the incrimination norm provided by art.330/2 Criminal Code of the Republic of Moldova.

scholarly journals Place of committing the offensesprovided by the art. 264 of the criminal code of the Republic of Moldova

2021 ◽  
Author(s):  
Nicolae Postovanu ◽  
Keyword(s):  
Criminal Code ◽  
Concrete Case ◽  
Republic Of Moldova ◽  
Operational Safety ◽  
The Subject ◽  
The Republic ◽  
Safety Rules

In the case of the offenses provided by the art. 264 of the Criminal Code of the Republic of Moldova, the place of committing determines the spatial limits of action of transport traffic or operational safety rules. As a result, in order to determine in a concrete case whether the art. 264 of the Criminal Code can be applied, it is necessary to determine the spatial limits of action of the concrete transport traffic or operational safety rules, which are violated by the subject. These limits are established in the normative acts referred to in art. 264 of the Criminal Code.

scholarly journals Assessment of the the constitutionality of problems in the property protection through the means of criminal legislation of Republic of Moldova

2019 ◽  
pp. 43-52
Author(s):  
CORINA STRATAN
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Property Right ◽  
Constitutional Court ◽  
Republic Of Moldova ◽  
Unique System ◽  
The Republic ◽  
Criminal Legislation ◽  
Higher Law ◽  
Made In

The property right is a fundamental right guaranteed both in Romania and in the Republic of Moldova by the higher law - the Constitution, that is why “No one may be expropriated except for reasons dictated by public necessity, as established by law and against just and appropriate compensation made in advance”. By virtue of this constitutional guarantee the Criminal Code the only criminal law in the Republic of Moldova ensure an adequate protection of the property, whether it is public or private, through a unique system of regulations and sanctions. This article refers to the control of the constitutionality of the incriminating norms of the crimes against the property by the legal acts of the Constitutional Court, which is the only authority of constitutional jurisdiction. When exercising this control, the Court rules only on the conformity of the provisions criticized with the norms of the Constitution, and the referrals regarding the exceptions of unconstitutionality which concern not a normative but an exclusive act, its interpretation or application will be rejected as inadmissible and, this role will be attributed to the courts. However, in order to verify whether the rules under scrutiny comply with the constitutional provisions, the Court examining the complaint first makes clear the content of the provision, which is the exact meaning and then determines whether or not it is constitutional.

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