Legea și Viața nr.2 (2024)


Particularități privind admisibilitatea datelor de fapt, obţinute prin măsuri speciale de investigații
Peculiarities regarding the admissibility of factual data obtained through special investigative measures

Valeriu CUȘNIR, Sergiu CUȘNIR

National legislation recent modifications have propelled the data obtained as a result of special investigative measures into the spectrum of scientific research initiated under the aspect of their admissibility in the criminal process.
The issue of the use of factual data obtained through special investigative measures requires compliance with international standards and ECHR jurisprudence, and this research is focused on the admissibility of factual data obtained as a result of special investigative measures in the criminal process, according to procedural rules.
The scope of the investigation is also revealed by the inadmissibility of illegally obtained data as a result of carrying out special investigative measures in violation of fundamental human rights and freedoms.

Keywords: special investigative measure, admissibility, data, illegal, privacy, defense.


Challenges of providing education in prisons: analysis of the ehpc practice and perspectives for Moldova
Problemele asigurării educației în închisori: analiza practicii CEDO și perspective pentru Moldova

Victor MORARU, Svetlana GHEORGHIEVA

This article focuses on the implementation of the right to education for prisoners in penitentiary institutions using information technology. The main emphasis is placed on the analysis of international and national legal acts, the case law of the European Court of Human Rights (ECHR), as well as a comparative study of practices in various countries in this field. The article examines key ECHR cases that highlight the importance of upholding the right to education for prisoners and minimizing restrictions on this right. The analysis also explores the potential for introducing digital education in Moldovan penitentiary institutions, focusing on the enhancement of digital infrastructure, the training of personnel, and the design of tailored educational programs. The article concludes by offering recommendations on incorporating information technologies into prison education, which aids in developing prisoners’ digital competencies, supports their successful reintegration into society, and helps reduce the likelihood of reoffending.

Keywords: prisoner education, information technology, human rights, education digitization, reintegration.


Înființarea și evoluția serviciilor militare românești
The establishment and evolution of the romanian military services

Pavel MORARU

After the Union of the Romanian Principalities (January 24, 1859), there was a need to establish an intelligence structure of the country. It was constituted within the Romanian Army on November 12/24, 1859. It is about the Second Section of the General Staff of the Army, with the mission of procuring military information. Then with the evolution of army structures, intelligence bodies were reorganized in accordance with the needs of the time. With Romania’s entry into World War I (1916), several allied Russian armies were present on the Romanian front, so it was necessary to establish the Romanian-Russian counterintelligence service. Only after World War I, in 1924, was the Secret Intelligence Service of the Romanian Army established, as a distinct intelligence and counterintelligence structure of the Romanian Army.

Keywords: Romania, Bessarabia, intelligence services, Romanian Army, World War I, espionage, counterintelligence.


Situații de urmărire penală în investigarea infracțiunilor de abuz sexual și exploatare sexuală a copiilor prin utilizarea tehnologiilor informaționale
Investigative situations in the investigation of sexual abuse and sexual exploitation of children through the use of information technologies

Dinu OSTAVCIUC, Lilia POPA

This article examines the complexity of criminal prosecution in the context of investigating crimes of child abuse and sexual exploitation facilitated by information technologies. The study aims to identify specific investigative situations by developing an algorithm of actions for judicial authorities. In a context where such crimes are increasingly prevalent, law enforcement agencies face numerous challenges, including identifying offenders, protecting victims, and collecting the digital evidence necessary for effective prosecution. This study highlights various situations and scenarios encountered by prosecuting authorities in the efficient combatting of these crimes, particularly given that they occur in the cyber environment.
Furthermore, the research offers practical solutions for improving prosecution activities, based on normative and applied doctrinal analysis, with a focus on the legal and technical tools that can facilitate the investigation of these complex cases.

Keywords: criminal prosecution, investigation, investigative situations, minors, children, sexual exploitation, sexual abuse, information technologies.


Unele aspecte de modificare ale procesului electoral potrivit codului electoral în vigoare
Some amendment aspects of the electoral process according to the electoral code in forc

Liliana CREANGĂ, Mariana GOLOVATII

The need to improve the electoral legislation and for the Parliament to adopt a new Electoral Code containing separate provisions for each type of electoral ballot, was voiced back in 2016, during the numerous conferences organized by the Central Electoral Commission and the Council of Europe. Also, the Constitutional Court, in the addresses addressed to the Parliament, requested the differentiated regulation of the procedures for the examination of appeals in the event of the holding of two voting rounds, including the appeals formulated on the day of the elections, the introduction of additional criteria regarding the establishment of the number of polling stations and ballots abroad, as well as other types of facilitation for voters from the diaspora such as: two voting days or electronic voting. We will clarify some of these legislative novelties in the following.

Keywords: electoral process, Central Electoral Commission, Circumscription Electoral Councils, Public Services Agency, State Population Register.


Încălcarea dreptului la viață a copiilor nou-născuți, în instituțiile de detenție din urss, în primii ani postbelici
Violation of the right to life of newborn children in detention institutions in the ussr during the first post-war years

Simion CARP, Elena CARP

In the article, the authors mention that after the wave of persecutions carried out in 1940-1941, the Soviet repressive bodies resumed their activity in the summer of 1944, arresting a large number of locals without real grounds. There were women and children among the victims. The number of people arrested was quite impressive, including pregnant women. For example, a woman who was deprived of her liberty, in detention institutions in the Moldavian Soviet Socialist Republic (MSSR), was deprived of the possibility to ensure the normal development of the fetus. Women after giving birth in detention could not assess the new circumstances to reduce possible dangers. Only in the archival materials has been preserved information indicating that these innocent beings were born and died shortly after birth in detention. The mothers did not have the opportunity to christen them or even bury them. They were buried in mass graves that remained unknown. The real situation in which these mothers and their children were found was revealed following the fight between the rival groups within the MIA of the MSSR. At the same time, Soviet propaganda, with unprecedented cynicism, declared from international forums that only in the USSR do children have a happy childhood. In contrast to these statements come the archival materials, which mention the ordeal of newborn children hospitalized in nurseries in the colonies and prisons of the MSSR.

Keywords: the right to life, newborn children, detention institutions, MSSR, totalitarian regime.


Particularităţile calificării actului terorist săvârşit cu aplicarea armelor de foc sau a substanţelor explozive
The particulars of the qualification of the terrorist act committed with the application of firearms or explosive substances

Valentin CHIRIȚA

One of the main directions of criminal policy is ensuring a strict differentiation of criminal liability. Differentiation of criminal liability means the gradation of liability in the criminal law, after which, based on the prejudicial level of the crime and the perpetrator, the legislator establishes various legal-criminal consequences.
The importance of the aggravating circumstance specified in art. 278 para. (2) lit. c) CP emerges from the fact that the use of firearms or explosive substances in the commission of the terrorist act essentially increases the prejudicial degree of the analyzed crime, because it creates a real possibility of causing considerable damage to the victim’s life or health. Also, the level of aggressiveness and audacity of the perpetrator is increased, because he, being inspired by the confidence in achieving the proposed goals, commits the deed with particular audacity.

Keywords: crime, terrorism, weapon, firearm, explosive substance, explosive mechanism


Fenomenul contravenţional – noţiune şi caracteristici distincte
The contraventional phenomenon – notion and distinct characteristics

Ianuș ERHAN, Stanislav REABOI

Both the criminal and contraventional phenomenon present significant risks for the life and health of the population, private property, public order and security and other values, protected by law, and often a contravention is the basis of a crime.
The contraventional phenomenon is considered the totality of the contraventions committed in a certain period of time on a certain territory, as well as the state’s reaction in order to reduce it, through actions of prevention, detection, examination, as well as the application of the sanctions that are imposed.
Thus, the contraventional phenomenon being researched from a doctrinal point of view, it offers us a theoretical understanding and preparation of the components of which it is made up (the contravention and the contraventional sanction), and from a practical aspect, through the conditions of manifestation and the distinct characteristics, a complex picture regarding the actions that follow to be undertaken to repress them effectively.
The analysis of the contraventional phenomenon needs to be a complex one, starting from the causes and conditions that determine/favor the commission of violations, ending with the result determined by the application of contraventional sanctions.

Keywords: contravention, contraventional phenomenon, finding agent, court, prevention and combating, contraventional sanctions, pecuniary penalty.


Particularitățile măsurii speciale de investigații „culegerea de informații”
The particulars of the special investigative measure „collection of information”

Alexandru CICALA, Iulian STARCIUC

In the framework of this scientific work, we propose to analyze and highlight the content of the special investigation measure „Collection of information” through the lens of the new amendments to the legislation of the Republic of Moldova in the field as well as the opinions of researchers in the field. The special investigative measure, the gathering of information, is carried out by the investigative officers of the specialized subdivisions as well as by the subjects empowered by law, it is carried out both outside the criminal process with the authorization of the head of the specialized subdivision and within the criminal process, but in this case, requires the authorization of the prosecutor, with the aim of collecting information about persons and facts, which are of interest in the prevention and discovery of crimes, such as the identification and search of persons who evade the law enforcement bodies.

Keywords: collection, information, special investigative measure, special investigative activity, public, secret or encrypted, communication, identification, databases, requests.


Verificarea și aprecierea rapoartelor de expertiză judiciară și a constatărilor tehnico-științifice și medico-legale
Verification and assessment of forensic expertise reports and technical-scientific and medico-legal findings

Lilian LUCHIN

A modern justice system can only exist by using all the tools provided by a state’s legislation. One of these tools is forensic expertise, which is essential in evidence and indispensable in a judicial process. Starting from the given hint, in this study we focused on one of the important elements, which is carried out after the completion of the preparation of the forensic expert report – its verification and assessment. Thus, the most relevant aspects were examined in the correct and objective assessment of each judicial expert report. The evaluation of a forensic expert report requires a careful analysis of the expert’s qualifications, the clarity and structure of the report, the methodology used, the objectivity and impartiality of the expert, the relevance of the conclusions presented, and their corroboration with other evidence. A well-made report can have a significant impact on the resolution of a case, providing the court with essential technical information for a fair and well-founded decision.

Keywords: judicial expertise, technical-scientific and medico-legal assessment, assessment, analysis, methods, procedures, judicial expert.


Analiza evoluției istorice a lobbysmului
Analysis of the historical evolution of lobbysm

Veronica ARNĂUT

Being a concept that originated in the Anglo-American space, the phenomenon of lobbying appeared and evolved in the mother states, which are considered to be the United States of America and, to a lesser extent, Great Britain. Thus, after studying its evolution through the method of historical analysis, used to research the origin and evolution in Anglo-American time and space, the phenomenon of lobbying needs to be researched through the prism of the European community, its first traces being observed as early as 1957, with the signing of the Treaties from Rome. This event represented a decisive point regarding the lobbying activity within the European Union, knowing, since then, several stages of evolution and modernization up to the current stage.

Keywords: lobbying, anti-lobbying, lobbying activities, legislation, interest group, transparency, registry, civil servants.


Noul concept cu privire la domiciliul persoanei fizice, în vigoare din 1 martie 2019
The new concept regarding the domicile of the natural person, effective from march 1, 2019

Grigore ARDELEAN

As is characteristic of every legal institution, and the institution of identification of the natural person by his domicile, arises from the need to legally cover the various situations in which the knowledge of the identity of the subject participating in relations of any nature, but also the place by which he is identified in space, is crucial.
A long time ago, right from its appearance, the law felt the need to recognize and distinguish its subjects according to certain signs which, due to the circumstances and their regulated nature, received the name of „legal signs”, one of them being domicile. Therefore, the legal institution of the domicile of the natural person is of interest for the subject of law in general, and for civil law, in particular, being an institution that belongs to it, regulates it and makes it available for all other branches of law (criminal law in the case of identifying the person of the perpetrator, fiscal law for the identification of the taxpayer, commercial law, administrative law, etc.) Also, rules governing the institution of domicile, in all its complexity, are found not only in the Civil Code, but also in other codifications, such as the Code to the family in the segment that regulates the domicile of the minor child (art. 63).

Keywords: domicile, identification attributes, address, residential space, territorial jurisdiction, headquarters, civil relations, search, flexibility.


Natura juridică a contractului de vânzare având ca obiect spațiile locative
Legal nature of sale agreement with leased property as subject

Evghenia GUGULAN, Silvia SAVCA

The sales contract is undoubtedly the most frequent contract in the practice of social relations. This contract is used in relations between non-professionals, i.e., private individuals, because it is the main instrument for satisfying the economic and social needs of individuals.
The contract of sale is also used in commercial relations, as it is unthinkable for professionals to develop their activities without this type of contract.
In the actual legal system, the sales contract is regulated in a uniform way. However, some aspects are specific and are applicable exclusively or predominantly to sales relationships between professionals and also for contracts concluded in the context of the activities of an economic activity.
The contract of sale relating to residential space is a specific type of sale, not expressly regulated by the Civil Code. In this research, we aim to fully explore the particularities of residential property sales contracts, highlighting the existing gaps and making a series of lege ferenda proposals.

Keywords: residential space, seller, buyer, contract of sale, conditions of contract, object of the contract.


Reflecții teoretico-normative și practice privind primirea, înregistrarea, evidența și examinarea sesizărilor și altor informații despre infracțiuni
Theoretical-normative and practical reflections on receiving, recording, evidence keeping and examining notifications and other information about crime

Sergiu CARAMAN

Receiving and recording a communication about the commission of a crime in the prescribed manner has a major impact on the respect for the rights of the person who has suffered as a result of the crime, including his or her constitutional right of free access to justice. That is why receiving, recording and keeping records, in the established manner, of reports and other information on crimes must ensure both respect for the rights and legitimate interests of the person who has suffered as a result of the crime and the collection, accumulation, processing, storage and updating of criminal information which makes it possible to determine the development of crime at national level in a given period and/or area. At the same time, with regard to the designation of activities carried out after the receipt and registration of a communication about the commission of a crime and up to the initiation of criminal prosecution, it should be approximated to the one used by the Moldovan legislator as an „activity of establishing the grounds for initiating criminal prosecution”, which de facto places it where it is, at the stage prior to criminal prosecution.

Keywords: preliminary documents, criminal process, criminal investigation, notification, reasonable suspicion, fair process, procedural nature, rights, evidence.


Inter-institutional collaboration in the context of rural crime prevention
Colaborarea inter-instituțională în contextul prevenirii criminalității din mediul rural

Alexandru FRUNZĂ, Marinela ȚURCANU

At the present stage, it is becoming increasingly apparent that, in the activity of crime prevention, an exhaustive result is not possible with the police forces alone. Regardless of the specificity of the community, urban or rural, it is necessary to involve public authorities, educational institutions, public associations, religious denominations, etc. The development of customised strategies on the security and prevention of rural crime, following the example of other states, by creating partnerships primarily with citizens and inter-institutional collaboration, leads to the identification and resolution of problems on a given territory and responds to the needs and requirements of the community. This not only enhances the effectiveness of public security interventions, but also contributes to strengthening social cohesion and promoting a safe and prosperous environment for all inhabitants of rural communities.

Only through inter-institutional collaboration it is possible to achieve an optimal result in the prevention of rural crime.

Keywords: crime, rural, police, collaboration, prevention, study.


Munca în detenție, activitate aflată la granița dintre drept și obligație
Work in detention, an activity on the border between right and obligation

Florin Proca

The beginnigs of detention had work among the main obligation imposed on prisoners but the evolution of society has created a controversy between those who believe that work should be mandatory and those who believe that prison should be focused on educational, social, psychological, educational or recreational programs. From the analysis of the legislation of the European contries, it emerged that most states have eliminated work from the prisoner’s obligations, as it is at the stage of activity that can be required of persons deprived of liberty, the refusal cannot be sanctioned. However, participation in gainful activities is indirectly induced to those behind bars, as it is one of the elements necessary for release before reaching the term of the sentence established by the court. Among the objectives of the research is the analysis of the role of the lucrative activities carried aut by the incarcerated persons, the implications of these activities going beyond the borders of the penitetiary units. Putting into practice the things learned, the work done behind bars, can become for some of the convicts a new path in life, a normal one based on their own strenght and compliance with the legal framework.

Keywords: normality, abuse, legality, freedoms, obligations.


Violența domestică – infracțiune bazată pe gen
Domestic violence – gender-based crime

Nadejda LUTENCO

Gender-based violence against women is a type of violence that disproportionately affects women because of the unequal power relations between women and men, as well as because of the social norms that validate such violence. Domestic violence is a gender-based crime, because the overwhelming majority of its victims are women, and it is the men who commit this crime most often. Therefore, the measures related to the prevention and combating of this phenomenon must be formulated precisely from the perspective of the gender dimension, taking into account the specific dynamics of the relationship between the perpetrator and the victim of domestic violence.

Keywords: gender-based violence, domestic violence, victim, perpetrator, gender dimension.


Crime și atrocități comise de militarii armatei sovietice pe teritoriul R.S.S. Moldovenești
Crimes and atrocities committed by the soldiers of the soviet army on the territory of the Moldavian Soviet Socialist Republic

Radion COJOCARU

(autori: Simion CARP, dr. , prof. univ.; Iurie LARII, prof. univ., dr.) Recenzie/ Review