scholarly journals Offense of organizing illegal migration: subjective side of the offense in relation to the victim’s consent

2021 ◽  
pp. 45-52
Author(s):  
Ion Cojocari ◽  
Keyword(s):  
Criminal Code ◽  
The State ◽  
Human Beings ◽  
Illegal Migration ◽  
Mental Attitude ◽  
Republic Of Moldova ◽  
The Social ◽  
The Subject ◽  
The Republic ◽  
Subjective Side

The prosecution of a person who has committed a prejudicial act is a priority of the state to protect a public interest, or to defend a fundamental right for which the state has commitments to respect. This article identifies the mental attitude of the subject of the crime towards the prejudicial act of organizing illegal migration. The article also elucidates the extent to which the migrant, who is the victim of the crime, is directed by the perpetrator. Also, attention is drawn to the purpose and motive of the crime. In the same context, it is analyzed what impact the victim’s consent has on the commission of the crime. In the author’s opinion, the analysis of the organization of illegal migration through the prism of its distinct elements plays a fundamental role for the legislation of the Republic of Moldova. It is concluded that the Moldovan legislator must introduce in the Criminal Code of the Republic of Moldova the phrase “migrants’ trafficking”, in exchange for the current one of “organizing illegal migration”. This conclusion is based on the social requirement to protect the rights and interests of migrants. Thus, the Moldovan authorities will be able to identify the authentic purpose pursued by the perpetrator when violating human values and freedoms (the authorities will make a clear distinction between trafficking of human beings and trafficking of migrants).

scholarly journals Offense of organizing illegal migration: subject of the offense

2021 ◽  
pp. 136-143
Author(s):  
Ion Cojocari ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Material Object ◽  
Illegal Migration ◽  
Additional Protocol ◽  
The Status ◽  
The Subject ◽  
Migrants Rights ◽  
The Republic

The fight against trafficking of migrants is a common international concern that ensures the protection of the rights not to be subjected to slavery and conditions similar to slavery. This article deals with the subject of the crime of organizing illegal migration. Particular attention is paid to the status of the migrant, who under certain conditions can be considered the subject of the crime under consideration. In the Republic of Moldova, the trafficking of migrants is protected by the crime of “organizing illegal migration”. Paragraph 4 of Article 3621 of the Criminal Code, exonerates the migrant from criminal liability for the act prejudicial to the organization of illegal migration. However, the issue arises when the migrant is the object of the crime within the meaning of the Protocol against Trafficking of Migrants. The article analyzes the special quality of the subject of the crime and of the beneficiaries of international humanitarian protection. In the author’s opinion, there are many questions that need to be elucidated, such as: who is the subject of the crime? How old is he/she? What is the special subject of the crime, and what are the conditions when the migrant can be prosecuted? In the author’s view, in order to avoid violations of migrants’ rights, the Moldovan legislature must strengthen its position on the protection of migrants’ rights so that the national criminal law (which responsibly ensures the protection of migrants’ rights) complies with the Additional Protocol on Trafficking of Migrants, having as material object the migrant’s body (material object).

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.

scholarly journals Subjective Signs of the Crime of Fraudulent Looting of Property in the Criminal Law of the Republic of Uzbekistan

2021 ◽  
Vol 58 (1) ◽  
pp. 1145-1155
Author(s):  
Razzok Altiev
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
The Subject ◽  
The Republic ◽  
Subjective Side

In the article, the author analyzes the subject and subjective aspects of the crime of fraud under Article 168 of the Criminal Code of the Republic of Uzbekistan and develops a proposal to include the subjective side of the crime as a necessary feature in qualifying the act in order to improve the concept of fraud.

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 The Thorny Destiny of the Bessarabian Migrant in Current Prose

Philologia ◽  
2021 ◽  
pp. 17-25
Author(s):  
Felicia Cenusa ◽  
◽  
◽  
Keyword(s):  
Human Trafficking ◽  
Current Situation ◽  
Reading Public ◽  
Illegal Migration ◽  
Direct Discourse ◽  
Republic Of Moldova ◽  
The Subject ◽  
The Republic ◽  
The Aesthetic ◽  
Identity Problems

In this study the author refers not only to the topic of illegal emigration, particularly to the issue of human trafficking, reflected in the novels written by Liliana Corobca and Stela Branzeanu – two writers from the Republic of Moldova, but also to the way this phenomenon is reflected in the novels of other writers whose protagonists represent the current situation in Bessarabia. The novels do simply offer solutions to the situation in which the characters are, but they tend to make the reading public aware of illegal migration and human trafficking as well as to draw attention to the identity problems in the Republic of Moldova. The authors focus more on the subject and less on the aesthetic finality or on the architecture of the writings, their focus is basically the dialogues, the direct discourse, which is rather journalistic, as well as the simplification of the lexical props, following the desideratum of accessibility and sensitization of the reader.

scholarly journals Normative models for criminalizing the crime of falsifying evidence in the legislation of different states

2021 ◽  
Author(s):  
Eugeniu Piterschi ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Negative Consequences ◽  
Objective Reality ◽  
Republic Of Moldova ◽  
The Subject ◽  
Court Proceedings ◽  
The Republic ◽  
Normative Models ◽  
Illegal Action

Crimes against justice established in the Criminal Code of the Republic of Moldova are the group of socially dangerous facts, which have negative consequences in court proceedings. One of these is the illegal action of falsifying the evidence, dislocated in two typical normative variants at art.310 of the Criminal Law of the Republic of Moldova. However, notwithstanding the fact that art.310 of the Criminal Code of the Republic of Moldova criminalizes the subject directly nominated in the normative manner, the latter is instituted succinctly and allows illegal actions in the category of false evidence to go unpunished. In this sense, we propose as a desideratum the realization of some comparative studies and the initiation of a rigorous proposal, in order to adjust the local normative framework in co-relation with the socially dangerous facts committed in the objective reality.

Răspunderea participantului la un eveniment sportiv sau de pariat pentru manipularea evenimentului

2021 ◽  
Vol 2021 (2021) ◽  
pp. 75-85
Author(s):  
Gheorghe RENIŢĂ ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Fair Play ◽  
Republic Of Moldova ◽  
Sporting Event ◽  
The Subject ◽  
The Republic

A person who encourages, instructs or influences a participant in a sporting event or betting event to engage in conduct that would vitiate that event, in order to obtain goods, services, privileges or benefits in any form that are not due to him, for himself or for another person, will be criminally liable in accordance with art. 2421 of the Criminal Code of the Republic of Moldova. Instead, if the participant in a sporting or betting event will not fulfil the obligation in question and will adopt the conduct required by the subject of the crime provided in art. 2421 of the Criminal Code of the Republic of Moldova, then he can be held disciplinary / contractual liability both for non-reporting and for his behavior contrary to the principle of fair play in the event, but not to criminal liability. In this article, the author argues the need to criminalize the act of participating in a sporting / betting event to partially or completely eliminate the unpredictability of the event in which it evolves, taking into account the principle of ultima ratio.

scholarly journals Particularities of public-private partnership in the social field of the republic of Moldova

2019 ◽  
Vol 13 (1) ◽  
pp. 411-420
Author(s):  
Irina Călugăreanu
Keyword(s):  
Real Estate Market ◽  
Public Private Partnership ◽  
The State ◽  
Transport Infrastructure ◽  
Social Field ◽  
Private Partnership ◽  
State Institutions ◽  
Republic Of Moldova ◽  
The Social ◽  
The Republic

Abstract The evolution between the state institutions and entrepreneurship relations in developed and developing countries has proved that their constructive interaction is the most important factor for successful socio-economic development. The constantly growing gap between the needs of the population for public services, infrastructure, requirements for them, and budget constraints led to the development of partnership relations between the state and business structures. Most often, the interaction between business and state institutions is found in such areas as state property management, regional development, the real estate market, infrastructure support on technological development, transport infrastructure, utilities, medical and educational services. But to a greater degree public-private partnership, especially in the form of a concession, is applied in the field of transport and directly in road construction and we would like to emphasize that this practice is quite broad with rich experience. Interest in PPP mechanisms in other areas of activity is primarily due to the budget deficit. Without attracting the resources and potential of the institution of entrepreneurship, it is impossible to solve the task of developing a particular socially significant sphere in the context of a lack of budgetary resources. Therefore, taking into account the condition of the Republic of Moldova social sphere, more interesting is the issue of the extension of PPPs in the public sector. Therefore, the article is dedicated to features, tools and tendencies identification of public-private partnership in the social field within the Republic of Moldova.

Crimes against marriage and family before Criminal Code 1968

2020 ◽  
Vol 15 (1-3) ◽  
pp. 44-59
Author(s):  
Lidia Peneva
Keyword(s):  
Criminal Code ◽  
Point Of View ◽  
Marriage And Family ◽  
Historical Method ◽  
Legal Method ◽  
The Subject ◽  
The Republic ◽  
Criminal Groups ◽  
The Moment ◽  
Structural Point

Crimes against marriage and family are a particular group of social relation­ships that the law has defended properly in view of the high public significance and value they enjoy. At the moment they are regulated in Chapter VI, Section I, of the specific part of the Penal Code the Repub­lic of Bulgaria. The subject matter of this Statement will, however, be the legisla­tive provisions concerning these criminal­ized acts in retrospect. The purpose of the study is to show by historical method and through the comparatively legal method the development of these criminal groups during the periods of various criminal laws in Bulgaria. This will also provide a basis for reflection on possible de lege ferenda proposals. This report from a structural point of view will be divided into three distinct points, marking each of the penal laws in the Republic of Bulgaria, which were in force before 1968.

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