Serghei BRÎNZA, Vitalie STATI
Abstract: This article, in its first part, conducts a rigorous analysis of the degree of compatibility between the criminal law of the Republic of Moldova and the requirements of Directive (EU) 2019/713 of the European Parliament and of the Council of 17 April 2019 on combating fraud and counterfeiting related to non-cash means of payment and replacing Council Framework Decision 2001/413/JHA. The authors examine the definitions of key concepts such as “non-cash means of payment”, “digital means of exchange”, “protected device, object or record”, “virtual currency” and “information system” highlighting both legislative convergences and existing gaps. The study emphasizes that, although certain provisions of the Criminal Code of the Republic of Moldova faithfully reflect European requirements, areas of ambiguity or incompatibility persist, especially regarding the definition of technical terms and the criminalization of certain acts. De lege ferenda proposals are formulated for the complete harmonization of the national regulatory framework with European standards, underlining the necessity for clarity and predictability of criminal norms. The analysis stands out through its comparative and systemic approach, providing a solid basis for continuing the legislative alignment process and for strengthening the tools for preventing and combating cyber and financial crime in the context of the European integration of the Republic of Moldova. Furthermore, the paper underscores the importance of continuously adapting national legislation to the dynamics of modern criminal phenomena, marked by digitalization and globalization. The authors argue that a faithful transposition of Directive (EU) 2019/713 is not merely a formal obligation, but a strategic necessity for ensuring legal security and the effective protection of fundamental social values. By identifying the strengths and vulnerabilities of the current regulatory framework, the article outlines clear directions for future legislative reforms, advocating for an integrated, coherent, and prevention-oriented approach. This first part of the study offers the theoretical and practical premises for further research and is indispensable for specialists interested in the evolution of national criminal law in the European context.
Keywords: legislative harmonization, the Criminal Code of the Republic of Moldova, counterfeiting, cybercrime, Directive (EU) 2019/713, fraud, lege ferenda; non-cash means of payment, virtual currency, information system.
DOI: https://doi.org/10.5281/zenodo.19563183
Sofia PILAT
Abstract: The respective scientific article is devoted to the analysis of the object, as well as the role and importance of judicial expertise and technical-scientific and forensic medical findings in establishing the truth within criminal proceedings.
The judicial expert report, as well as the technical-scientific or forensic medical finding, according to Article 93 of the Criminal Procedure Code of the Republic of Moldova, constitute means of evidence which, among other things, share certain common characteristics. For this reason, it is necessary to determine the common elements, as well as to identify the criteria that allow for the delimitation and differentiation of these two categories of evidentiary means.
Thus, the tactics of carrying out technical-scientific or forensic medical findings, as well as judicial expert examinations, involve a set of activities carried out by the criminal investigation officer and the court of law, which include ordering the examination and assessing its results. An essential role in this process is played by the judicial expert or specialist, who directly applies specialized knowledge, conducts research in a specific field, and records the conclusions reached in an expert report or a finding report.
The direct purpose of the present study is to examine the manner of ordering technical-scientific and forensic medical findings, as well as judicial expert examinations, the competent authorities empowered to order such findings and examinations, the procedure for conducting them, the differences between them, as well as their role and imminent importance in establishing the truth in criminal proceedings.
The indirect purpose of the study is to highlight the importance of technical-scientific or forensic medical findings, as well as judicial expertise, viewed as forms of capitalization of specialized knowledge.
The objectives of the present scientific paper consist in defining the concepts of technical-scientific finding, forensic medical finding, and judicial expertise; establishing both the importance and the role of technical-scientific and forensic medical findings and judicial expertise in achieving the purpose of criminal prosecution; describing the procedure for ordering and conducting technical-scientific and forensic medical findings and judicial expertise; identifying the essential differences between technical-scientific findings, forensic medical findings, and judicial expertise; and highlighting the impact of technical-scientific and forensic medical findings and judicial expertise on the achievement of the purpose of the criminal process as a whole.
As a result of the present study, the research of scientific works by authors in the relevant field, as well as of the legislation in force, is undertaken, which in turn will contribute to understanding the importance of the object of judicial expertise and of technical-scientific or forensic medical findings in achieving the purpose of the criminal process.
Keywords: technical-scientific finding, forensic medical finding, judicial expertise, authority ordering the expertise, judicial expert, specialist, finding report, expert report, means of evidence, specialized knowledge.
DOI: https://doi.org/10.5281/zenodo.19563223
Gabriela NEMȚOI
Abstract: The topic addressed outlines aspects that mention ways of transferring inheritance assets and, implicitly, the costs involved in this procedure. It is clear that upon the death of a person, the estate, representing all rights and obligations that can be valued in monetary terms, can be transferred to „one or more living persons” (Art. 953 of the Civil Code). The legal operation involves the execution of notarial or judicial acts for the purpose of transferring ownership from the deceased to the heir.
In this context, the present research aims to outline the concept of inheritance, the forms of mortis causa and inter vivos transmission, and implicitly the effects of the transmission of the estate, which impose obligations on the heirs, not only material but also fiscal obligations.
The objectives of the research focus on understanding the tax regime applicable in Romania regarding the notarial procedure for opening an inheritance, tax rates, but also situations where the estate is not limited by state borders, which leads to the application of excessive cumulative taxation on the value of the inheritance, taxation that is determined by differentiated national regulations in EU states. The research was carried out through an in-depth study of case law on inheritance, which showed that tax regulations on inheritance are not uniform across the EU, creating financial discomfort for heirs, which is why they may refuse the inheritance.
Keywords: succession, estate, inheritance, transfer of assets, rights and succession obligations.
DOI: https://doi.org/10.5281/zenodo.19563291
Simion CARP, Elena CARP
Abstract: The article notes that after the dissolution of the USSR, most post-Soviet countries have followed a path toward democracy and European integration, educating the younger generation in the spirit of democratic values. At the same time, in the Russian Federation, military-patriotic education in educational institutions is carried out in a completely different manner. In this country, ideologues affiliated with the political leadership have emerged, promoting the idea that the Russian people are exceptional and deserve to dominate other peoples, under the pretext that these territories once formed part of the Soviet Empire. Influenced by this ideology, the Russian education system is oriented toward validating historical falsehoods regarding the war of aggression against Ukraine, as well as against other countries, and toward presenting war crimes as acts of heroism committed by Russian military personnel. The concealment of violence through patriotic messages constitutes a tool used by the Russian Federation and its supporters in separatist regions (including Transnistria), who seek the reconstitution of the USSR through hatred and aggression.
In conclusion, the authors find that one of the factors facilitating this type of criminal activity is Russian propaganda, which openly calls for the reunification of the post-Soviet space through violations of international law and the initiation of wars of aggression. Based on the actual situation, emphasis is placed on the need to undertake measures aimed at preventing such criminal manifestations.
Keywords: military-patriotic education, war propaganda, educational institutions, promotion of militarism, the Russian Federation.
DOI: https://doi.org/10.5281/zenodo.19564146
Artiom PILAT
Abstract: The respective scientific article is devoted to an analysis of forensic expertise viewed as an evidentiary procedure within criminal proceedings, as well as to its classification as a method of applying specialized knowledge.
Since the criminal investigation body does not always possess the necessary knowledge to establish certain facts or circumstances, and even in situations where it might have such knowledge, its objective assessments regarding the circumstances of a criminal case cannot constitute evidence in criminal proceedings, the legislator has regulated forensic expertise as an evidentiary procedure.
Forensic expertise, as an evidentiary procedure in criminal proceedings, consists of a scientific and practical activity that involves conducting systematic investigations through the use of specialized knowledge and technical-scientific methods, with the aim of formulating reasoned conclusions regarding various facts, circumstances, or objects relevant to the case.
The direct purpose of the present scientific study is the actual examination of forensic expertise from the perspective of legal and doctrinal interpretations, its nature, the delimitation of forensic expertise from other evidentiary procedures, the classification of forensic expertise depending on the field, type, and specialty of forensic expertise, or on various criteria provided by the Nomenclature of Forensic Expertises, the Criminal Procedure Code, and the Law on Forensic Expertise. The study also aims to describe each classification, to establish distinctions among forensic expertises, and to highlight the defining features of forensic expertise conducted by a commission or complex forensic expertise, repeated forensic expertise, as well as mandatory or optional forensic expertise.
The indirect purpose of the study consists in highlighting the importance of the classification of forensic expertises viewed as a method of applying specialized knowledge.
The objectives of the present scientific paper include defining the concept of forensic expertise; enumerating and describing the criteria for classifying forensic expertises; establishing distinctions among forensic expertises; identifying the essential differences between the types of forensic expertises; as well as emphasizing the role and importance of forensic expertise in achieving the purpose of criminal proceedings, etc.
As a result of the conducted study, research was carried out on the scientific works of both domestic and foreign authors in the relevant field, as well as on the applicable legislation and practice. This, in turn, will allow for a deeper understanding of the essence of the issue addressed and will ensure a clearer comprehension of the importance of forensic expertise and its classification within criminal proceedings as a whole.
Keywords: forensic expertise, commission-based forensic expertise, complex forensic expertise, repeated forensic expertise, specialized knowledge, evidentiary procedure, scientific and practical activity, forensic expert, taking of evidence, expert report.
DOI: https://doi.org/10.5281/zenodo.19564276
Svetlana GHEORGHIEVA, Vadim SUHOV
Abstract: Access to state-guaranteed legal aid for prisoners remains a complex issue, particularly within the specific constraints of the penitentiary environment. Although this right is formally recognized, its practical exercise is often hindered by institutional isolation, restricted access to information and limited legal awareness. In this context, the education of prisoners acquires a meaning that goes beyond the traditional understanding of rehabilitation.
The purpose of this study is to examine education as a practical precondition for prisoners’ access to legal aid and, consequently, to justice. The analysis draws on international standards, doctrinal writings and judicial practice, highlighting the gap between the formal recognition of the right to legal aid and its effective use in penitentiary institutions. The findings indicate that without a basic level of education and legal awareness, legal aid tends to remain formal and underutilized, failing to provide real protection of rights. From both a theoretical and practical perspective, the study supports the idea that education and legal awareness should be viewed as integral components of access to justice mechanisms for prisoners, contributing to a more effective and meaningful exercise of their rights.
Keywords: prisoners; right to education; legal aid; access to justice; legal awareness; penitentiary system.
DOI: https://doi.org/10.5281/zenodo.19564498
Constantin PISARENCO
Abstract: The study examines the particularities of forensic expertise in investigating crimes of negligence associated with the provision of medical assistance in dentistry and aesthetic medicine. The relevance of the topic is determined by the increase in outpatient interventions and the expansion of aesthetic procedures, which increase the risk of litigation and the difficulty of distinguishing between acceptable medical risk, inevitable complications, and deficiencies in care. The aim of the research is to identify the specific tasks and vulnerabilities of forensic expertise in these areas, as well as to formulate guidelines for the correct establishment of causality with. The methodology includes an analysis of the national regulatory framework, the case law of the European Court of Human Rights, and the clinical literature on dental and aesthetic complications. The results highlight the central role of medical documentation, device traceability, and informed consent in substantiating the expert’s conclusions.
Keywords: forensic medical examination; negligent offences in medical practice; dental care; aesthetic medicine; defect in the provision of medical care.
DOI: https://doi.org/10.5281/zenodo.19564888
Dmitrii CIOLAC
Abstract: The full-scale invasion of Ukraine by the Russian Federation on February 24, 2022, has fundamentally reconfigured the security paradigm in Eastern Europe, creating a geopolitical context of unprecedented complexity. Beyond the direct humanitarian and economic consequences, this large-scale military conflict has exacerbated the risks associated with the proliferation and illicit trafficking of small arms and light weapons (SALW), ammunition, and explosives. This scientific paper undertakes a comprehensive analysis of the dynamics of this dangerous phenomenon, investigating how a military conflict of such magnitude becomes a source for feeding black markets of weaponry.
The research explores the mechanisms for diverting weapons from the battlefield, examining the inherent risks associated with massive flows of international military assistance to Ukraine, as well as with the capture or theft of armaments by non-state actors. It is emphasized that, although evidence of a massive flow of arms at the European level is currently limited, specialized reports, such as those issued by the Global Initiative Against Transnational Organized Crime (GI-TOC), warn of a potential latent risk, suggestively named “Smoke on the Horizon.”
In this context, the paper focuses on the direct and indirect implications for the national security of the Republic of Moldova. Its geographical position, on the immediate border with Ukraine, transforms it into a potential transit corridor for organized criminal networks that are rapidly adapting to the new illicit opportunities created by the war. A structural vulnerability of particular gravity is the situation in the Transnistrian region, a territory uncontrolled by constitutional authorities and where the largest ammunition depot in Eastern Europe, at Cobasna, is located. It is argued that the instability and lack of transparency in this region exponentially increase the risk that over 20,000 tons of armaments could become a major source of illicit trafficking, fueling criminal groups and destabilizing the entire eastern flank of Europe.
The article also analyzes the proactive measures undertaken by Moldovan authorities to counter these threats. It highlights the consolidated efforts of border surveillance, national programs for controlling small arms and light weapons, and campaigns for the destruction of confiscated armaments. Special importance is given to regional and international cooperation, with the paper emphasizing the crucial role of partnerships with entities such as the European Union Border Assistance Mission (EUBAM), Europol, the United Nations Development Programme (UNDP), and the South-Eastern and Eastern Europe Clearinghouse for the Control of Small Arms and Light Weapons (SEESAC). In conclusion, the paper demonstrates the necessity of a strategic and integrated approach to navigate the complex challenges generated by arms trafficking in the context of a large-scale military conflict, underscoring that the security of the Republic of Moldova is intrinsically linked to the stability of the entire region.
Keywords: arms trafficking, security, Russo-Ukrainian war, Republic of Moldova, small arms, armed conflict.
DOI: https://doi.org/10.5281/zenodo.19564986
Carmen DICHII
Abstract: The study examines the distinction between the criminal‑law meaning of the victim of an offence and its procedural‑law meaning, starting from the definitions found in European legislation, which include both the person directly affected and those harmed indirectly. In the strict criminal‑law sense, however, the victim is the holder of the social value protected by the incriminating norm, and persons who experience only the collateral effects of the act cannot be regarded as victims of the offence, even if their suffering is real. The confusion between these two meanings also appears in constitutional case‑law, where the prejudice is treated as a defining element of the victim, although doctrine consistently emphasises that the criminal‑law notion of victim does not overlap with the procedural‑law notion. This idea is confirmed by multiple doctrinal opinions, which stress that the victim is the person upon whom the infringement of the protected social value is directly felt. Applying these criteria to the offences of production or putting into circulation of counterfeit money or counterfeit securities, provided by the art. 236 of the Criminal Code of the Republic of Moldova, it may be stated that the certain / principal victim is the issuer of genuine money or genuine securities. The person who obtains or holds counterfeit money or counterfeit securities because of being deceived constitutes a possible / secondary victim, since their prejudice arises only if they interact with the perpetrator. The state, society, or monetary unions of states cannot qualify as victims of the offences provided by the art. 236 of the Criminal Code of the Republic of Moldova. In the social relations protected against the offences provided by this article, not such collective subjects directly participate, but natural or legal persons, regarded as representatives of society, as concrete social actors.
Keywords: emitent, production, deceived person, putting into circulation, social relation, passive subject, victim.
DOI: https://doi.org/10.5281/zenodo.19565055
Ion BOTNARI
Abstract: The article analyses forensic versions as a central methodological tool in the investigation of crimes committed by organised criminal groups, focusing on the particularities of their formulation and verification in the context of organised crime in the Republic of Moldova. The concept and functions of forensic versions in relation to the specific features of organised criminal groups, their typology (general and particular), typical criminal prosecution situations and the algorithm for formulating versions according to the initial investigative situation are examined. It is demonstrated that the parallel verification of versions, combined with the special investigative measures provided under Art. 132¹–132⁸ and Art. 134¹–134⁵ of the Code of Criminal Procedure, as well as the analysis of digital, financial and material evidence, constitutes the necessary methodological condition for overcoming the evidentiary obstacles specific to organised criminal group cases. The study is grounded in the analysis of national case law, the practice of law enforcement institutions and Europol/UNODC international standards, proposing an integrated methodological algorithm for the formulation and verification of forensic versions, applicable in the investigative practice of specialised bodies in the Republic of Moldova.
Keywords: forensic versions; organised criminal groups; typical criminal prosecution situations; criminal proceedings planning; special investigative methods.
DOI: https://doi.org/10.5281/zenodo.19565191
Nicolae SCAFARI, Andrei HARBUZ
Abstract: As an aspiring state for European integration, the Republic of Moldova is obliged to align its criminal legislation with European norms and values, which emphasize the protection of the individual. The criminalization of threats, as stipulated in Article 155 of the Criminal Code of the Republic of Moldova, contributes to the consolidation of the rule of law by effectively protecting a person’s life, physical integrity, and health.
The offense outlined in Article 155 of the Criminal Code of the Republic of Moldova plays an essential preventive role, as its penalization serves as an early legal barrier against crimes with a higher degree of social danger. Since we are currently in a period where threats take on new forms, especially due to technological advancements, it is essential to continuously monitor and improve the legal provisions to address newly emerging situations. At the same time, the importance of penalizing threats of murder or serious bodily harm contributes to increasing victims’ trust in the legal system and encourages the reporting of such cases.
The direct aim of this study is to conduct a comprehensive analysis from the perspective of Romanian-German, Anglo-Saxon, and CIS countries’ legislation, which will result in legislative proposals for the amendment and supplementation of certain provisions related to the offense of threats involving murder or serious harm to bodily integrity or health.
The indirect aim of this study is to identify issues within the national legislation regarding the legal classification of the offense of threats involving murder or serious bodily harm, through the analysis of criminal legislation in Romanian-German, Anglo-Saxon, and CIS countries. The study includes proposals to supplement the provisions of the Criminal Code specifically Article 155 with new aggravating circumstances that would fully encompass the incriminated act and allow for the proper application and sanctioning of the offense, ensuring accurate individualization of punishment. Thus, through this paper, we aim to identify, based on the study of foreign legislation, the gaps within the provisions of Article 155 of the Criminal Code, in order to propose new additions that would assist law enforcement bodies including investigative authorities, prosecutors, and courts in properly investigating and applying a fair penalty for the committed offense.
The objectives of this scientific paper consist in studying foreign legislation concerning the offense of threats involving murder or serious harm to bodily integrity or health, from the perspective of Romanian-German, Anglo-Saxon, and CIS countries’ legal systems, by analyzing how this offense is regulated. The purpose of this study is to identify certain legal mechanisms from the aforementioned countries that could be used to improve the criminal legislation of the Republic of Moldova regarding threats of murder or serious bodily harm.
By achieving the proposed objectives, the aim is to deepen the understanding of the offense of threats involving murder or serious harm to bodily integrity, from the perspective of the Romanian-German, Anglo-Saxon, and CIS legal systems.
Identification of common errors occurring in legal practice related to the application of Article 155 of the Criminal Code of the Republic of Moldova. In this context, the research aims to highlight gaps and inconsistencies in the interpretation and application of legal norms concerning threats of murder or serious bodily harm.
Keywords: threat, murder, bodily integrity, life, health, guilt, crime victim, sentencing individualization, participation in a criminal group, criminal organization.
DOI: https://doi.org/10.5281/zenodo.19565281
Eugeniu ŞEVCIUC
Abstract: This study examines the role and evidentiary value of special investigative measures in the investigation of corruption offences committed by public officials with special status, highlighting their specific features in relation to the latent and conspiratorial nature of such acts. The research reveals that these offences are characterized by a high degree of concealment, the absence of direct victims, and the existence of internal protection mechanisms among participants, which necessitates the use of specialized investigative tools.
The analysis of judicial practice demonstrates that special investigative measures—such as interception of communications, visual surveillance, controlled delivery of assets, and undercover operations—constitute essential elements for the documentation and proof of corruption offences. The findings indicate that the coordinated and proportionate application of these measures plays a decisive role in strengthening the evidentiary framework and ensuring the effectiveness of criminal proceedings, in line with the requirements of legality and the protection of fundamental rights.
Keywords: corruption, public official with special status, special investigative measures, evidence, criminal proceedings, forensic investigation.
DOI: https://doi.org/10.5281/zenodo.19566966
Iurie LARII
(autori/ authors: Simion CARP și Ruslan CONDRAT)