Juvenile crime: causes and consequences

Juvenile criminality has always been of a great interest as a phenomenon. This fact can be explained as like the young people are the reserves of humanity, On it depends the continuity of development of the entire society. But the crimes made by juveniles prove that they are characterized by the negative socialization, unsatisfactory education and because of this their integration In the social life increase a lot of problems. More than that, Juvenile criminality is an index of the degradation of the society. Studying the problems of juvenile delinquency, as well as general crime, requires consideration of the concrete situation - political and socio-economic, on the background of which criminogenic processes are formed and developed. Unfortunately, we must recognize that the current political and socio-economic background clearly negatively influences the youth environment, including adolescents. A constant trend towards the worsening economic living conditions of most of the country’s population, including minor children, leads to an increase in the level of psycho-emotional overload and the intensification of the crisis in family relationships. In turn, these circumstances contribute to the emergence of child neglect as a social phenomenon.

Elements of comparative criminal law regarding the crime of creating a criminal organization with a terrorist character

Lately, the international community is facing serious threats to security and world order, which is expressed through new forms of crime, especially in its organized and terrorist aspect. According to the criminal legislation of the Republic of Moldova, the purpose of committing one or more terrorist offenses determines the aggravation of criminal liability for the creation or management of a criminal organization, which contrasts against the background of the legislative provisions of other states. In the study, the comparative method of examining the criminal laws of other states was used as a priority. At the same time, in addition to the method of logical analysis and case study, the prospective method of studying law with reference to current trends in the evolution of legal and criminal norms has been widely applied. The study is oriented towards the comparative analysis of the norm stipulated in article 284, para. (2) Penal Code, in the light of the criminal laws of the neighboring states (Russian Federation, Ukraine, Romania), which allows highlighting the existing gaps, general tendencies of incrimination and the possibilities of perfecting the national normative framework. In addition, the improvement of the national normative framework, harmonized with that of the neighboring states, offers wide possibilities in the field of international legal cooperation in criminal matters, which determines repercussions on all areas of social life in the state.

Disposal of the person’s hospitalization in the medical insitution for conducting forensic examinations in the criminal procceedings

Individual freedom is one of the fundamental values protected by the European Convention on Human Rights, due to its importance, requiring a rigorous review by the European Court of Human Rights of any measure that could infringe this value. At the same time, this fundamental right is protected by the Constitution of the Republic of Moldova and the Code of Criminal Procedure, due to which individual freedom is inviolable, and its coercion is allowed only in cases and with the procedure strictly regulated by law. The hospitalization of the person in the medical institution is a form of de privation of liberty and, respectively, it is going to take place only on the basis of a court authorization. At the same time, the person’s hospitalization can affect the right to privacy. It is therefore strictly necessary that the whole procedure be followed imperatively and without exception. The disposition of the forced internment of the person in a medical institution for the performance of judicial expertise in the criminal process is within the competence of the investigating judge. Therefore, this article is dedicated to the procedure regarding the hospitalization of the person in the medical institution, on the basis of grounds and reasons on which the hospitalization can take place, the attribution of the criminal investigation body and the prosecutor in cases when there is a need to hospitalize the person.

Offense of organizing illegal migration: subject of the offense

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).

The legal particularities of the bank deposits’ accounting

The article encompasses the description of the bank deposits’ characteristics and the analysis of the legal particularities of their accounting. In the first part of the article, the bank’s functions are described, in particular, the bringing in of deposits. Thus, the bank’s role, which defines it, is in ensuring the economic funding by practicing brokerage, by collecting the untouched funds placed as deposits, by processing deposits and by putting the funds to use with loans, this role is achieved in the context of a diversity of heterogeneous activities, many of them being of the non-banking sectors. Therefore, a bank’s main function is the constitution and the usage of bank deposits, the last one representing the main form of mobilization of capital and savings available for the short-term, belonging to legal entities and to individuals. Furthermore, the deposits evolution’s analysis of the first semester of 2021, in the Republic of Moldova, is presented. In the second part of the article, the legal particularities of the bank deposits’ accounting is examined. At last, on the basis of the investigations that were carried out, certain conclusions and recommendations, which would contribute to the bettering of the bank deposits’ accounting, are devised.

Conflict and the history of conflict mediation

Mediation has represented and represents an alternative for state justice that impartially solves a conflict between two parties. Mediation used to exist from the early times of the civilization, and in the form we see it nowadays appeared in Europe ‘90s through the American way, as through Directive CE / 52/2008 of the European Parliament, all the Member States needed to take steps in including the mediation in civil and commercial cases where issues appear most frequently related to the parties’ affiliation to different and cross-border legal systems. In Romania, the mediation institution operates based on Law no. 196/2006 in regards to mediation and mediator profession, and in the Republic of Moldova based on Law no. 137/2015 in regards to mediation. We consider that analyzing the history of the mediation institution could help strengthen citizens’ trust in this way of resolving voluntary and alternative disputes through a mediator.

Profile of detention institutions for the implementation of measures and custodial sentences

Given that penal punishment is applied for the purpose of restoring social equity, correction and resocialization of the convict, as well as deterrence of further crime, it becomes imperative that penal enforcement measures are tailored according to both the specific features of the punishment and the individual characteristics of the convict. Therefore, the system of prison sentence enforcement faces a complex task because deprivation of liberty, by its nature, imposes a range of restrictions and limitations. In the process of enforcing prison punishments, there is a risk that punishment measures might cause physical damage and even downgrade the dignity of the convicted person. This article aims to analyse the current situation in the prison administration system in areas that regard the implementation of the legal provisions on prisoners’ placement according to types of prisons and regimes. Moreover, the paper identifies gaps in the legal frameworks and formulates proposals for addressing the pinpointed issues. The relevance of this topic lies in the fact that the purpose of punishment can be fulfilled only when the system of prison regimes is applied by taking into consideration the individual psychological and social needs of the persons deprived of liberty.

Legal nature of social assistance benefits provided to persons at risk

Social assistance is an important link in the national social protection system, through which the state is committed to protecting and supporting people and families who are at risk or vulnerable. The nature of the vulnerability depends on poor material condition, physical and health status, family status (single-parent families, orphans), exposure to situations of violence, etc. To prevent and annihilate social risks, state institutions with social functions provide citizens in need with a range of social benefits to alleviate existing inequalities, normal integration into society and regain their autonomy. In this article, we will identify the problems of the social benefits system, which make the purpose and objectives of providing these monetary supports remain purely ideological, because they do not ensure a visible improvement in living conditions. In the author’s opinion, the state’s social policy must be aimed at combating in time the causes that lead to the risk of poverty, and not get involved post factum, when a large part of our citizens are in a situation of absolute poverty. In this context, it is found that all reforms, policies, and budgetary decisions, regardless of the field they regulate (education, agriculture, economy, construction), negatively or positively influence the well-being of the family, and must be directed towards the healthy development of families in the Republic of Moldova.

Agreement on the recognition of guilt in the legislation of the Republic of Moldova and of foreign countries

The purpose of this paper is to contribute to the correct interpretation and application of the provisions by the enforcement bodies of the essence of the institution of the plea agreement, as well as its effects on justice and the offender. The scientific novelty of the work is determined in particular by the novelty and importance of the institution of the plea agreement. This paper attempts to answer some of the problems that might arise in the application of the institution of plea agreement, as well as the application of the punishment in case of the conclusion of the plea agreement. The applicative value of the paper is, in turn, to explain all the important aspects of the subject in the analysis, the interpretation of the appropriate legal norms, the analysis of law which is to identify the solutions and to contribute to the interpretation and application of the analyzed norm in a correct way, without causing legal errors in the application of those rules.

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

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).