Legea și Viața nr.1 (2022)

Infracțiunea de contrabandă în lumina noilor modificări legislative − comentariu și reguli de încadrare juridică (Partea a II-a)
Smuggling offenses in the light of new legislative changes − comment and rules of legal framework (Part II)


This paper is a continuation of a previously elaborated study [1, p. 21-30], being dedicated to addressing smuggling offenses as they were subject to legislative amendments by Law no. 257 of 16-12-2020 regarding the modification of some normative acts, entered into force on 01.01.2021. In the first part of the study, the signs of the legal object and the material object of the smuggling offenses incriminated in art. 248 and art. 2481 of the Penal Code of the Republic of Moldova are presented. The second part of the paper will characterize the signs of the objective side of the above-mentioned crimes, through the prism of specific procedures for interpreting criminal law such as: logical, grammatical, historical interpretation and last but not least judicial interpretation. This approach is nothing more than an attempt to systematize and interpret the signs related to the objective side of smuggling offenses, which will bring more clarity to the legislative changes and a better understanding of them by practitioners.
Keywords: crimes, smuggling, objective side, material element, action or inaction, customs control, etc.

O privire asupra înființării statului medieval Moldova
Un regard sur la constitution de l’état médiévale Moldova

Octavian BEJAN

La constitution de l’État médiévale Moldova reste un problème scientifique très débattu par les historiens, juristes, politologues et autres chercheurs scientifiques. Cette diversité d’opinions nous dit que les recherches scientifiques visant ce événement ne peuvent pas diminuer leur pouvoir. L’importance de ces recherches scientifiques est donnée aussi par son influence sur les droits de certains individus, communautés et pays. Notre recherche a été accomplie en usant de la méthode de l’analyse de contenu (vieux écrits, cartes…) et la méthode de la construction abstraite. À la suite de la recherche que nous avons faite, nous proposons une nouvelle théorie scientifique sur la constitution de l’État médiévale moldave au monde scientifique, mais aussi au monde entier. Cette théorie apporte de lumière aussi sur l’état politique et juridique de la Munténie et Transylvanie.
Mots-clés : Moldavie, état médiévale, histoire.

Înregistrarea video a percheziției
Video recording of the search

Constantin RUSNAC, Cătălin-Bogdan PĂUN

The scientific study is dedicated to the tactical-forensic rules that need to be observed by the participants in the search if the way of fixing the search is the video recording.
The article states that video recording of the search process, under the current conditions, is a necessity and an effective technical means of proving compliance with procedural rules and would prevent the abuse of and by the searchers.
Keywords: search, video recording, prosecution, probation, criminal case, technical fixation.

Discuții cu privire la natura juridică a contractului de locațiune
Discussions regarding the legal nature of the lease agreement


Each contractual legal relationship is legally covered by regulation, taking into account its specificity, the complexity of the relationships that are formed around it, the categories of interests that are required to be defended, the type of conduct that the parties to the report should have, the category of rights and obligations they generate, etc.
In the case of a lease, the knowledge of its legal essence is decisive for the parties who intend to enter into legal relationships concerning the use loan or the sale of use as it is usually qualified lately. However, the parties must know the category of the right to which the use in the lease relates from the outset, whether it gives a right of claim or whether it is a real right. Respectively, the volume of the rights that are transmitted to the lessee depends on this, but also that of the obligations that they assume towards the lessor – the sole owner, holder of a main real right.
Moreover, the present considerations have determined us to resort to the in-depth analysis of the legal nature specific to the lease, intending to consult the opinions of several authors dedicated to the field, in the event of our position on the same subject.
Keywords: contract, lease, rent, lessee, taxes, tax authority, real law, debt, right of use, loan of use, registration.

Reflecții privind clasificarea măsurilor speciale de investigații
Reflections on the classification of special investigation measures


This paper is devoted to the classification of special investigative measures, a very important topic both scientifically and from the perspective of the practical activity of bodies involved, more or less, in the field of special investigations. The division of special investigative measures according to different classification criteria offers the opportunity to know and understand in more detail the legal system governing the implementation of those measures. Basically, the criteria for classifying the measures deduced from the provisions of the legislation of the Republic of Moldova are identified. In addition, the criteria for classifying special measures reflected in the literature are set out.
Keywords: special activity of investigations, special measures of investigations, special techniques of investigation, technical supervision, criminal trial, prosecution, evidentiary procedure, evidence.

Dezvoltarea profesională a personalului angajat în sistemul polițienesc
Professional development of employee staff in the police system

Liliana CREANGĂ, Ghenadie CREANGĂ

The concept of professional training, especially in the public security system, brings together the set of ideas, beliefs, and opinions expressed in relation to internal elements (training strategies, training staff, specific forms of implementation) and external elements (social environment, legislation, economic), which include the problematic aspect of professional training, being a source of collecting a consistent volume of information, which can be used in the design of effective training programs, adapted to the requirements of employees. Police vocational training refers to the educational steps taken by each employee with special status in order to acquire a qualification, obtain and maintain a job. The establishment of a specific way of training in the institution has as a starting point the training policy adopted theoretically at the managerial level and practically transposed among employees.
Keywords: vocational training, necessary training, planning, criminal investigation.

Terorismul și criminalitatea organizată. Conexiuni ale fenomenelor infracționale
Terrorism and organized crime. Connections of criminal phenomena

Alexandru PARENIUC, Vasili BEDA

This study is an attempt to analyze the interconnections of some elements of the phenomena of organized crime and international terrorism. Despite the fact that various scientific communities have been involved in the analysis of organized crime and terrorism for a long time, only in the 1980’s it was established that illicit drug production and trafficking were a source of funding for terrorist acts, and researchers began to study these two phenomena together. Our investigation seeks to clarify the controversial nature of the relationship between these two criminal offences, as some authors believe that there is a close link and even a rapprochement between organized crime and terrorism, and others are more skeptical, stressing that in this area they refer to a relatively small sample of similarity groups, the scope of in-depth research being insignificant.
Keywords: international terrorism, organized crime, drug trafficking, narcoterrorism, terrorist financing.

Eliminarea violenței față de femei
Elimination of violence against women


Violence against women and girls or gender-based violence is a global pandemic affecting not only its victims, but also the development of societies and entire contries. Violence affect a large number of women and girls, manifesting itself in manz forms – including physical, sexual, psychological and economic violence – and appearing in different contexts in the public and private spheres. Violence in a relation ship or violence in couples is the most common form of violence women face. Most victims and survivors face more than one form of violence.
Women and girls are most exposed to the risk of sexual violence in the early stages of conflict, when communities are disturbed, when populations are mobile, and protection szstems are not fullz functional. In the later stages of a conflict and during rehabilitation and recovery, women often become victims of other forms of violence, such as trafficking in human an beings, honor killings or different forms of spousal violence.
Keywords: violence, women, gender, affection, victims, survivors, discrimination.

Personalitatea infractorului în aspectul comiterii furtului de bunuri de valori culturale
The personality of the offender in the aspect of committing the theft of cultural goods

Alexandru PARENIUC, Andrei GHIMPU

The importance of this study does not lie in the purpose of psychological, sociological or axiological information on the issue of personality in the context of contemporary human sciences.
The real justification results from the fact that in a strictly scientific vision on our subject – of course of an interdisciplinary nature – the human personality is the confluence of all disciplines that contribute to solving the problem of crime. This truth does not
it has only a theoretical legitimacy, but on the contrary, it claims its key position, of the complex process of re-education, recovery and socio-professional integration of the offender.
Keywords: forensic psychology, the issue of human personality, determining the theoretical basis, complex and interdisciplinary character, criminologists study the personality of the offender.

Criteria for improving the effectiveness of criminal laws in preventing criminal offenses
Критерии повышения эффективности норм уголовного права в предупреждении уголовных правонарушений


The article examines topical problems of increasing the effectiveness of criminal law in the prevention of criminal offenses. In order to improve the scientific level and quality of the preparation of legislative acts, it is proposed to adopt the Law «On the criminological examination of draft laws».
Key words: criminal law, prevention, norm, efficiency, criminal offense.

Aspecte criminalistice ale aplicării tehnicii P.E.A.C.E. la audierea persoanelor
Forensic aspects of the application of the P.E.A.C.E. at the hearing of persons

Sergiu NESTOR, Andrei LUNGU

The scientific article is dedicated to the study and analysis of the theory of application of the technique of P.E.A.C.E. in forensics, at the stage of interviewing/ hearing.
The P.E.A.C.E technique is a widely recognized method of interviewing in the United Kingdom, Australia, Canada and New Zealand.
The OSCE Mission conducts and promotes training courses for police officers in Europe on the P.E.A.C.E interview/ hearing technique, considering it an effective technique that meets the requirements of respect for human rights.
Keywords: hearing, interview, suspect, interrogation, P.E.A.C.E.

Formarea continuă a funcționarilor publici cu statut special din cadrul MAI
– element strategic în asigurarea securității naționale

Continuous training of civil servants with special status under the MIA – a strategic element in ensuring national security

Andrian CIUMAC

The impact of the continuous professional training processes of the employees of the Ministry of Internal Affairs, in the context of ensuring national security, is a decisive one, and the quality of these processes represents a major objective for all subdivisions of force both at state and international level. Namely from the perspective of quality, from the point of view of the institutional beneficiary, the force subdivisions must ensure a rigorous training of employees, by acquiring the cognitive, psychomotor and attitudinal skills necessary to transform them into professionals able to effectively perform all required missions in the field of national security ensuring.
Keywords: continuing professional education, quality, civil servants with special status, national security.