The right of the defendant to be present at the judgement of penal trials is a very important issue, seen through the effects that this presence has on the unfolding of the criminal trial. Our purpose was to emphasize oh the juridical consequences that are produced by the presence of the accused...

Environment crime is among the European Union’s central concerns. The Tampere European Council of 15 and 16 October 1999 at which a first work programme for the European Union action in the field of Justice and Home Affairs was adopted asked that efforts be made to adopt common definitions of...

In the present study is carried out the research of the four constituent elements of the offence of murder, stipulated at art.145 of the Penal Code of the Republic of Moldova: the object, the objective side, the subjective side, the subject. Article seeks to clarify some less studied aspects of...

In this study is carried out the research of the three crimes specified at art.2641 “Driving means of transportation with an advanced degree of alcoholic intoxication or intoxicated with other substances” from the Penal Code of the Republic of Moldova: by a person with an advanced degree of...

The offense is defined in art.17 of the Penal Code as the socially harmful act committed by guilt and stipulated by the criminal law. The different and controversial ways in which the crime may be characterized has determined the authors to affirm that the legislator should refrain from giving a...

In this study, are analyzed the views of the foreign legislatures on the conception of victim, subject, approaches of actions of disorganization the penitentiary activity. But above all, there are analyzed the legislatures view on the conception of the juridical generic object of those actions....

In the framework of this study, the difference of legislative conception regarding the offence of rape in the Penal Law of Romania and the Republic of Moldova is examined: in the Romanian Penal Law, rape involves the idea of sexual intercourse, of any nature, with a person of the same or...

We consider that the first problem of the general theory of the criminaloffence is defining it as a fundamental institution of the penal law. In social life, besides the vast majority of positive human acts, there are committed some deeds which endanger the social values that any civilized...

The Romanian legislator defines in art.51 paragraph 4 of the Penal Code the principle according to which “the ignorance or wrong knowledge of the criminal law does not excuse the criminal nature of the offense”. The reasoning of the legislator when setting up this rule was based on the fact...

The inquisition is the procedural activity consisting in searching a person or its premises in order to find and pick up objects or inscriptions known and solicited by the judicial organ, but not voluntarily delivered, as well as the eventual discovery of evidence necessary to find the truth in...