Pub Date : 2023-11-01DOI: 10.52277/1857-2405.2023.3(66).05
Felicia Chifa
A crucial prerequisite for a lawful and well-founded court decision is the establishment of pertinent circumstances relevant to the case, and this establishment is accomplished through the probation process. The burden of proof refers to the responsibility of a participant in legal proceedings to substantiate specific factual circumstances. The allocation of this burden hinges on the nature of the civil proceedings in question. Based on the nuances of the special procedure, it can be generally stated that the primary burden of proof rests with the petitioner, while other concerned parties assume this responsibility only secondarily, particularly if they won’t face direct adverse consequences in the process. The fundamental components of the burden of proof within the special procedure can be brought into focus by scrutinizing the various categories of cases encompassed by it.
{"title":"Particularities of the burden of proof in the special procedure","authors":"Felicia Chifa","doi":"10.52277/1857-2405.2023.3(66).05","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.3(66).05","url":null,"abstract":"A crucial prerequisite for a lawful and well-founded court decision is the establishment of pertinent circumstances relevant to the case, and this establishment is accomplished through the probation process. The burden of proof refers to the responsibility of a participant in legal proceedings to substantiate specific factual circumstances. The allocation of this burden hinges on the nature of the civil proceedings in question. Based on the nuances of the special procedure, it can be generally stated that the primary burden of proof rests with the petitioner, while other concerned parties assume this responsibility only secondarily, particularly if they won’t face direct adverse consequences in the process. The fundamental components of the burden of proof within the special procedure can be brought into focus by scrutinizing the various categories of cases encompassed by it.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139301809","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-01DOI: 10.52277/1857-2405.2023.3(66).01
Vitalie Racu
The amendments adopted by the legislator to the institution of extended confiscation are based on the remedy of situations of legislative imperfection and the alignment of the legal framework in the field of recovery of criminal assets to European standards. The present study aims to review the amendments made in the Criminal Code, highlight the key elements, analyze them in relation to European standards, as well as answer the question: Will the changes regarding extended confiscation improve the process of recovery of criminal assets?
{"title":"The impact of law no. 190 of 21.07.2022 on the criminal asset recovery process","authors":"Vitalie Racu","doi":"10.52277/1857-2405.2023.3(66).01","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.3(66).01","url":null,"abstract":"The amendments adopted by the legislator to the institution of extended confiscation are based on the remedy of situations of legislative imperfection and the alignment of the legal framework in the field of recovery of criminal assets to European standards. The present study aims to review the amendments made in the Criminal Code, highlight the key elements, analyze them in relation to European standards, as well as answer the question: Will the changes regarding extended confiscation improve the process of recovery of criminal assets?","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"269 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139297941","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-01DOI: 10.52277/1857-2405.2023.3(66).03
Ludmila Negritu
In this scientific research, we are interested in the analysis of the criminal norms whose regulatory object is the acts of intentional destruction or waste of the bank’s property by the bank’s administrator, in the administration process, approach carried out through the chain of systematic, critical and comparative interpretation of the relevant provisions. The purpose of the action undertaken is to reveal the need to criminalize the named offenses as a result of the finding of a parallel framework for their criminalization, consequently revealing an excess of criminal regulation due to the “ambiguities” that characterize the incriminating precept, recorded in paragraph (3) art. 197 of the Criminal Code of the Republic of Moldova, located in Chapter VI of the Special Part of the Criminal Code, entitled “Offenses against patrimony”.
{"title":"Criminalization of destroying or wasting bank property: between necessity and excess of incrimination","authors":"Ludmila Negritu","doi":"10.52277/1857-2405.2023.3(66).03","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.3(66).03","url":null,"abstract":"In this scientific research, we are interested in the analysis of the criminal norms whose regulatory object is the acts of intentional destruction or waste of the bank’s property by the bank’s administrator, in the administration process, approach carried out through the chain of systematic, critical and comparative interpretation of the relevant provisions. The purpose of the action undertaken is to reveal the need to criminalize the named offenses as a result of the finding of a parallel framework for their criminalization, consequently revealing an excess of criminal regulation due to the “ambiguities” that characterize the incriminating precept, recorded in paragraph (3) art. 197 of the Criminal Code of the Republic of Moldova, located in Chapter VI of the Special Part of the Criminal Code, entitled “Offenses against patrimony”.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139305425","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-01DOI: 10.52277/1857-2405.2023.3(66).08
Natalia Gavrilenco
This article represents a scientific research that examines the importance of professional ethics within the judicial system and the role of disciplinary sanctions in maintaining its integrity. It analyzes ethical principles, the role of the judges’ code of ethics, and the mechanisms of disciplinary sanctions. Additionally, it investigates real cases in which judges have faced disciplinary actions and the impact of these cases on public trust in the judicial system. The primary objective of the research is to understand the correlation between professional ethics and the disciplinary responsibility of judges, identifying issues and proposing solutions to ensure integrity and accountability within the judicial system. The research has led to the formulation of conclusions and recommendations that could be valuable for potential legislative amendments.
{"title":"Lack professional ethics of judges - grounds for disciplinary sanctions","authors":"Natalia Gavrilenco","doi":"10.52277/1857-2405.2023.3(66).08","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.3(66).08","url":null,"abstract":"This article represents a scientific research that examines the importance of professional ethics within the judicial system and the role of disciplinary sanctions in maintaining its integrity. It analyzes ethical principles, the role of the judges’ code of ethics, and the mechanisms of disciplinary sanctions. Additionally, it investigates real cases in which judges have faced disciplinary actions and the impact of these cases on public trust in the judicial system. The primary objective of the research is to understand the correlation between professional ethics and the disciplinary responsibility of judges, identifying issues and proposing solutions to ensure integrity and accountability within the judicial system. The research has led to the formulation of conclusions and recommendations that could be valuable for potential legislative amendments.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139292512","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-01DOI: 10.52277/1857-2405.2023.3(66).04
Vasile Cretu
The profession of judge and bailiff have been closely related since ancient times. The analysis of the regulation of these professions is of increased interest for legal specialists. In this article we propose to analyze how the professions of judge and bailiff (bailiff) were regulated in the era of the Great Union, especially the aspects related to the manner and requirements for entering the profession, the forms of disciplinary liability and remuneration for work, taking as a basis the texts of the normative acts in force at that time, applicable to the status of these professions. Also, we will compare the provisions of the mentioned period with the current ones, provided by the legislation in force.
{"title":"Regulation of the activity of judges and bailiffs during the period of the great union","authors":"Vasile Cretu","doi":"10.52277/1857-2405.2023.3(66).04","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.3(66).04","url":null,"abstract":"The profession of judge and bailiff have been closely related since ancient times. The analysis of the regulation of these professions is of increased interest for legal specialists. In this article we propose to analyze how the professions of judge and bailiff (bailiff) were regulated in the era of the Great Union, especially the aspects related to the manner and requirements for entering the profession, the forms of disciplinary liability and remuneration for work, taking as a basis the texts of the normative acts in force at that time, applicable to the status of these professions. Also, we will compare the provisions of the mentioned period with the current ones, provided by the legislation in force.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"35 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139301396","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-01DOI: 10.52277/1857-2405.2023.3(66).02
Andrei Stratan
In the framework of the conducted study is analyzed the means of committing the crimes provided in art.238 of the Criminal Code of the Republic of Moldova. It is shown that in this posture appears the false information which, as a rule, is incorporated into the content of some documents. It is demonstrated that the false information presented to the victim is a means of committing the crime, but not a material object. The form and content conditions that false information should include are elucidated. It is proved that false information can make the content, inclusive of a photo, of a drawing, of a plan or of a sound recording. As a means of committing the crime any information important for credit or loan approval and granting could appear, regardless of the type of information.
{"title":"False information: means of committing crimes provided in article 238 of the criminal code","authors":"Andrei Stratan","doi":"10.52277/1857-2405.2023.3(66).02","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.3(66).02","url":null,"abstract":"In the framework of the conducted study is analyzed the means of committing the crimes provided in art.238 of the Criminal Code of the Republic of Moldova. It is shown that in this posture appears the false information which, as a rule, is incorporated into the content of some documents. It is demonstrated that the false information presented to the victim is a means of committing the crime, but not a material object. The form and content conditions that false information should include are elucidated. It is proved that false information can make the content, inclusive of a photo, of a drawing, of a plan or of a sound recording. As a means of committing the crime any information important for credit or loan approval and granting could appear, regardless of the type of information.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"232 2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139300656","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-01DOI: 10.52277/1857-2405.2023.2(65).01
Andrei Pantea
Migration is the movement of a person or a group of people, either by crossing an international border or within the same state. It is a population movement, which includes all types of movement of people. Regardless of distance, composition of the emigrant group and causes, it includes the migration of refugees, displaced persons, economic migrants and persons moving for other reasons, including family reunification. Illegal migration, through the lens of the criminal law, is clearly defined as a criminal activity, but this norm does not always achieve its goal of preventing and combating this phenomenon, and the criminal, effectively using, most of the time, the migrant’s state of vulnerability, it sometimes causes irreversible damage to human rights, with the risk of corrupting public financiers, compromising trust in state structures.
{"title":"Comparative criminal law: illegal migration","authors":"Andrei Pantea","doi":"10.52277/1857-2405.2023.2(65).01","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.2(65).01","url":null,"abstract":"Migration is the movement of a person or a group of people, either by crossing an international border or within the same state. It is a population movement, which includes all types of movement of people. Regardless of distance, composition of the emigrant group and causes, it includes the migration of refugees, displaced persons, economic migrants and persons moving for other reasons, including family reunification. Illegal migration, through the lens of the criminal law, is clearly defined as a criminal activity, but this norm does not always achieve its goal of preventing and combating this phenomenon, and the criminal, effectively using, most of the time, the migrant’s state of vulnerability, it sometimes causes irreversible damage to human rights, with the risk of corrupting public financiers, compromising trust in state structures.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129660744","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-01DOI: 10.52277/1857-2405.2023.2(65).10
Armen Oganesean
In this article, we have realized a complex study of the practical aspects regarding the impact of ECtHR jurisprudence on the criminal cases examination. The paper contains analysis of the theoretical and practical aspects aimed to resolve procedural issues by referring to practice of the European Court of Human Rights, addressing importance of ECtHR precedent in criminal process and determining the purposes for its application. The article highlights importance of applying the precedent of the European Court as a source of law in the criminal process, analyzing premises and consequences of the applicability of ECtHR jurisprudence.
{"title":"ECtHR jurisprudence impact on the criminal cases examination","authors":"Armen Oganesean","doi":"10.52277/1857-2405.2023.2(65).10","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.2(65).10","url":null,"abstract":"In this article, we have realized a complex study of the practical aspects regarding the impact of ECtHR jurisprudence on the criminal cases examination. The paper contains analysis of the theoretical and practical aspects aimed to resolve procedural issues by referring to practice of the European Court of Human Rights, addressing importance of ECtHR precedent in criminal process and determining the purposes for its application. The article highlights importance of applying the precedent of the European Court as a source of law in the criminal process, analyzing premises and consequences of the applicability of ECtHR jurisprudence.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122696119","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-01DOI: 10.52277/1857-2405.2023.2(65).05
Ludmila Negritu
The present scientific approach is dedicated to the elucidation of the social and legal essence of the act of wasting the bank’s goods by its administrator in the administration process, criminalized in para.3) art.197 of the Criminal Code of the Republic of Moldova, identifying the factual modalities and the premises that were the basis of the diversification of criminal liability for such an act, as well as its delimitation from some related criminal acts. The author came to the conclusion that the act of wasting goods committed by the bank administrator with regard to the bank’s assets, meets the features of a crime in the business field, not only because of the qualified subject, but more importantly, the ambience in which the crime is committed – the exercise of service duties and the realization of the corporate social interest in the process of managing a business, which involves many more responsibilities and risks, especially in the financial-banking field.
{"title":"The dissipation of a bank assets by its administrator in the administration process: legal and criminal implications","authors":"Ludmila Negritu","doi":"10.52277/1857-2405.2023.2(65).05","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.2(65).05","url":null,"abstract":"The present scientific approach is dedicated to the elucidation of the social and legal essence of the act of wasting the bank’s goods by its administrator in the administration process, criminalized in para.3) art.197 of the Criminal Code of the Republic of Moldova, identifying the factual modalities and the premises that were the basis of the diversification of criminal liability for such an act, as well as its delimitation from some related criminal acts. The author came to the conclusion that the act of wasting goods committed by the bank administrator with regard to the bank’s assets, meets the features of a crime in the business field, not only because of the qualified subject, but more importantly, the ambience in which the crime is committed – the exercise of service duties and the realization of the corporate social interest in the process of managing a business, which involves many more responsibilities and risks, especially in the financial-banking field.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"2016 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134207328","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-01DOI: 10.52277/1857-2405.2023.2(65).06
Irina Punga
In order to legislate and establish the biodiversity assessment mechanism, the provisions of Article 6 para. (3) and (4) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, published in the Official Journal of the European Union L 206 of 22 July 1992. Amendments to the legal framework aimed at introducing the legal mechanism for biodiversity assessment were made by Law No 225/2022 in force from 04.11.2023 and Law No 226/2022 in force from 21.10.2023. The key aspects of the amendments related to the biodiversity assessment mechanism are: 1) the definition of „biodiversity assessment”; 2) the scope of the biodiversity assessment mechanism; 3) the link between the biodiversity assessment mechanism and the environmental impact assessment and strategic environmental assessment mechanisms. The study aims to analyse these amendments and to outline the prospects for the establishment of a national biodiversity assessment mechanism.
{"title":"The prospects for legislating a national biodiversity assessment mechanism","authors":"Irina Punga","doi":"10.52277/1857-2405.2023.2(65).06","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.2(65).06","url":null,"abstract":"In order to legislate and establish the biodiversity assessment mechanism, the provisions of Article 6 para. (3) and (4) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, published in the Official Journal of the European Union L 206 of 22 July 1992. Amendments to the legal framework aimed at introducing the legal mechanism for biodiversity assessment were made by Law No 225/2022 in force from 04.11.2023 and Law No 226/2022 in force from 21.10.2023. The key aspects of the amendments related to the biodiversity assessment mechanism are: 1) the definition of „biodiversity assessment”; 2) the scope of the biodiversity assessment mechanism; 3) the link between the biodiversity assessment mechanism and the environmental impact assessment and strategic environmental assessment mechanisms. The study aims to analyse these amendments and to outline the prospects for the establishment of a national biodiversity assessment mechanism.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121021898","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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