REFLECTIONS ON CRIMINAL LIABILITY FROM THE PERSPECTIVE OF THE LEGISLATION OF THE REPUBLIC OF MOLDOVA Cover Image

REFLECŢII PRIVIND NOŢIUNEA RĂSPUNDERII PENALE DIN PERSPECTIVA LEGISLAŢIEI REPUBLICII MOLDOVA
REFLECTIONS ON CRIMINAL LIABILITY FROM THE PERSPECTIVE OF THE LEGISLATION OF THE REPUBLIC OF MOLDOVA

Author(s): Boris Glavan
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: crime; criminal liability; punishment; release from criminal liability; criminal prosecution; criminal legal report; coercive measures; the basis of criminal liability;

Summary/Abstract: The study is devoted to the field of criminal law. In particular, attention is focused on the rediscovery of the concept, content and limits of the implementation of criminal liability - a fundamental institution on which, along with crime and punishment, the entire theoretical and methodological system of criminal law is built. Although there is a lot of research on this topic, the issues generated by this institution remain relevant today, because in theory there is no consensus on the content of criminal liability. In addition, there are unresolved theoretical issues, or a little misunderstanding, the existence of which undermines the unitary meaning of the institution of criminal liability, generating discussions and divergences of opinion. The need for this research is dictated by the tendency of the Republic of Moldova to truly become a state based on the law, which requires the continuous improvement of the legal framework and the removal of legislative gaps that undermine the unitary meaning of legal norms. The purpose of this study is to identify the issue of criminal liability from the perspective of national legislation and the complex analysis of scientific research dedicated to this institution of criminal law. The author aims as a basic objective not only to find the unilateral answer to certain questions, but to identify the appropriate solutions that would be harmoniously correlated, first of all, logically. This study will allow the development and deepening of knowledge about the institution of criminal liability. The basic theses and conclusions can be used in the process of further improving criminal law. The paper can also be used in the process of teaching the subject of criminal law and criminal procedure in educational institutions with a legal profile as well as in the continuous professional development of the recipients of criminal law.

  • Issue Year: 2021
  • Issue No: 11
  • Page Range: 111-122
  • Page Count: 12
  • Language: Romanian