Legea și Viața nr.1 (2023)

Crime și atrocități comise de organele represive sovietice pe teritoriul RSSM (cazul Savcenco-Mațenco, anul 1949)
Crimes and atrocities committed by Soviet repressive bodies on the territory of the MSSR (Savcenco-Maţenco case, year 1949)

Simion CARP, Ruslan CONDRAT

The seizure of Bessarabia, which occurred based on the secret additional protocol of the Ribbentrop-Molotov Pact of August 23, 1939, marked one of the saddest pages in the history of our nation. The subsequent process of forming the Moldavian Soviet Socialist Republic (MSSR) was achieved by valuing the “red terror”, the most diabolical Soviet machinery based on the commission of mass murders and organized repression. This scientific article constitutes a historical-documentary study through which the authors discuss the issue of crimes and atrocities committed during the reference period on the current territory of the Republic of Moldova. The empirical side of the research was ensured by presenting a particular case, Savcenco-Maţenco, deported in 1949 to the city of Kurgan in southwestern Siberia, which essentially reproduces the horrors of the old regime.
Keywords: totalitarian regime, criminal repression, terror, crimes, atrocity, judicial arbitrariness, criminal penalty.

Traficul ilicit de droguri: tendinţe criminologice și ameninţări la adresa securităţii populaţiei
Iillicit drug trafficking: criminology trends and threats to the security of the population

Iurie LARII, Marian NUCU (România)

The content of this article reflects the danger and criminological trends of illicit drug trafficking, as well as the threats of that phenomenon to the security of states and the population. Thus, it is found that the essential trend of the studied phenomenon is manifested by the existence of an increasing number of crimes related to the illegal circulation of drugs. This trend is characteristic both for the Republic of Moldova and Romania, as well as for other countries of the world. Drug trafficking is not only a real threat to public security, but also a consistent financial lever that facilitates the rise to political power. Therefore, the prevention and combating of illicit drug trafficking represented and still represents at the national and international level a complex social problem, whose ways of manifestation, repercussions and ways of solving must interest both the institutional factors of the states and the public opinion, due to the fact that it is a particularly serious and dangerous phenomenon both for the health of the population and for the economic and social stability, as well as for the good development of the democratic institutions of the states.

Keywords: illicit drug trafficking, criminological trends, public security, population security.

Abordarea complexă și analiza factorială ca metode de cercetare a infracțiunilor
The complex approach and factor analysis as crime research methods

Constantin RUSNAC, Nicolai LEVANDOVSKI

The article’s object of study is factorial analysis and the complex approach as forensic methods of crime research. The conceptual desirability of these methods and the characteristics of the application by the criminal investigation officer in judicial activity are examined.

The author emphasizes the need to improve and identify new methods of forensic investigation of crimes.

Keywords: complex approach and factor analysis, method, forensic research, crime.

Reflecții privind normativitatea juridică a investigațiilor speciale ca mecanism al respectării drepturilor persoanei în Republica Moldova
Reflections on the legal normativity of special investigations as a mechanism of respecting personal rights in the Republic of Moldova


The work is dedicated to the analysis of a subject of particular importance from the perspective of respecting the rights and freedoms of the person in the field of special investigations, being the legal regulation of this type of activity. The need for the study is determined by the lack of clear legal provisions in the national law system that would indicate the legal normativity of special investigations. The actuality of the study derives from the complexity of determining the normative acts and their regulatory limits of social relations formed in the process of carrying out special investigations. The paper elucidates the circumstances that led to the differentiated regulation of two groups of special investigative relationships that occur within and outside the criminal process and, as a consequence, to the idea of the existence of two types of special investigations, while at the same time several problems related to of the legal regulation of special investigative measures as the main structural element of special investigative activity.

Keywords: special investigative activity, special investigative measures, criminal process, special investigations, legal norms, respect for the rights of the person.

Pornirea și încetarea urmăririi penale: evoluția reglementărilor în dreptul românesc
Starting and ending the criminal prosecution: the evolution of the regulations in Romanian law

Valeriu CUȘNIR, Natalia SECRIERU

The idea of law crosses history from one end to the other, the inner life of peoples cannot be well understood without researching their settlements, all of which are based on legal regulations and relationships, their revelation having importance for scientific knowledge.

Examining the circumstances and conditions of time, the social-historical context in which a legal norm was developed appears to be necessary not only to reveal as fully as possible the intention of the legislator at the time of the development of the norm, but also because, through the passage of time, sometimes appear and notable changes in the meaning of some notions or concepts used, at a given time.

Keywords: state, right, law, crime, criminal procedure, criminal process, criminal action, criminal prosecution, initiation of criminal prosecution, termination of prosecution, Code of Criminal Procedure.

Despre infracţiunea săvârşită cu intenţie depăşită – studiu cazuistic
About the crime committed with exceeded intention – case study


The crime committed with an exceeded intention is part of the category of the thorniest problems of criminal law, and the discussions and polemics about it were constantly on the agenda of the priority subjects of criminal science. At the same time, the thorough study of the national judicial practice highlights interpretation difficulties and ambiguous solutions promoted by the courts in the legal classification of these categories of crimes. Starting from these premises, the author puts at the disposal of the reader interested in the issue in question, the criteria on the basis of which the crimes likely to be committed with an exceeded intention can be identified in the criminal law, as well as the rules applicable to their legal classification. Being aware that the present scientific approach is one that can be perfected, we await the reader’s suggestions, proposals that will surely provide the sustainability of the scientific discourse in the analyzed matter.

Keywords: criminal offence, guilt, intent, imprudence, exceeded intention, primum delictum, majus delictum.

Criteriile de clasificare a măsurilor speciale de investigaţii
The criteria for the classification of special investigative measures


The subject of „special investigative measures” is of fundamental importance for the theory of special investigative activity, the approach of which involves solving several questions, being about defining the concept of special investigative measures, identifying their essence, determining their legal status and, last but not least, classifying the basket determining their legal status and last but not least their classification.

As part of our scientific approach, we propose to classify special investigative measures according to the duration of their implementation, the form (method) of implementation, the need for authorization, the level of penetration into the criminogenic environment, the way they are implemented (public/secret), the subject authorization (investigating judge, prosecutor, head of the specialized subdivision), the degree of infringement of human rights and freedoms (they do not lead to the violation of constitutional rights/violate these rights), the intensity of the use of special technical means, etc.

Keywords: special investigative activity, information, public and secret method, special investigative measure, classification, criterion, investigating judge, prosecutor, etc.

Un model de prezicere criminologică individuală a recidivei criminale
Un modèle de prévision criminologique individuelle de la récidive criminelle

Octavian BEJAN

Il est nécessaire et possible à individualiser la responsabilité et la peine criminelle. Une meilleure individualisation de la responsabilité et de la peine peut être accompli à travers des prévisions criminologiques. Parmi les possibilités de prévision criminologue on trouve la prévision criminologique individuelle des conduites criminelles récidivistes. Une telle prévision criminologique peut être effectué aussi par la méthode de la modélisation criminologique. À la suite de notre recherche criminologique, nous avons élaboré un modèle de prévision criminologique des conduites criminelles récidivistes. Cette recherche criminologique a été faite en utilisant la méthode de la construction abstraite (élaboration du modèle criminologique) et la méthode de l’analyse de contenu (la collection des connaissances criminologique). Notre modèle est composé de dix caractéristiques (indicateurs). L’utilisation de ce modèle va apporter nombreuses gaines pour la société (moins d’argents dépensé, moins de gens qui souffre, moins de criminalité…). En parallèle, on peut utiliser et d’autres modèle de prévision criminologique particularisée.

Mots-clés: crime, criminalité, criminel, prévision criminologique individuelle, récidive criminelle.

Dreptul achiziției publice ca instituție sau ca sub-ramură a dreptului administrativ
Public procurement law as an institution or as a sub-branch of administrative law


The public procurement mechanism ensures the transparent and fair procurement of goods, the execution of some works or the provision of services for public needs either at the central or local level. Obtaining an efficient and credible public procurement system is one of the important elements in the development of quality public services. State regulation of the field of procurement involves the activity of competent public authorities, in executive terms, regarding the rules, standards and requirements according to which public procurement procedures are carried out. As the main competent authority in the field of public procurement, there is the Public Procurement Agency (AAP), which is an administrative authority subordinate to the Ministry of Finance, established for the purpose of supervision, ex-post control and interbranch coordination in the field of public procurement. Public procurement law is subordinated to administrative law. Our research involves framing public procurement law as an institution or as a sub-branch of administrative law, depending on its evolution over time.

Keywords: procurement, law, contract, branch, sub-branch, institution, procedure.

Particularități metodologice privind investigarea infracțiunilor de corupție
Methodological particulars regarding the investigation of corruption crimes


The danger of corruption crimes is due to the fact that they cause the decay and disintegration of state structures, discredit and undermine the authority of the state apparatus. Corruption crimes are widespread, being committed practically in all fields of activity. Corruption offenses affect, to a certain extent, all structures that act within the state: ministries, departments, banking and financial institutions, legal bodies, public administration bodies, etc.

The knowledge of the typical forensic peculiarities of investigating these crimes and their skillful application in the research process are of particular importance, determined, in particular, by the complexity of criminal prosecution in corruption cases. However, these difficulties are determined by a wide spectrum of circumstances, namely: the participants in the corruption crimes are co-interested in thoroughly hiding the traces of the crime; masking acts of corruption in the form of legal ways of obtaining patrimonial benefits; the predominance of indirect evidence, which requires sophisticated and long-lasting procedures to prove the criminal act, etc. The knowledge and skillful application of the methodological particularities of investigating corruption crimes, the perception and appropriate use of information with forensic relevance in relation to the behavioral specifics of the subjects of corruption crimes are of substantial importance in these conditions.

Keywords: crime, corruption, methodology, particularities, tactics, perpetrator, evidence, criminal investigation, finding, material assets, monetary means, circumstances, interception, audio-video recording, special investigative activity, criminal investigation actions, forensic traps, organized criminal group, complicity, version, planning, specialist, apprehension in the act.

Apărarea dreptului de proprietate – instituție garant în exercitarea drepturilor civile patrimoniale
Defense of property rights – institution guarantee in the exercise of civil property rights


From a patrimonial point of view, one of the most precious values of man, regardless of his social status, is property, which claims a safe protection against any dispossession or disturbance in the free exercise of the rights over the assets of which it is constituted. For this reason, perhaps, the defense of property relations has always been and will always be one of the most important concerns of any legal system.

Keywords: property, legal rules, claim action, guarantee, civil action, coercive force of the state, justice.

Politici de muncă în Europa și Italia
Labor policies in Europe and Italy

Liliana CREANGĂ, Mariana GOLOVATII (Italia)

Through the study of labor policies, we want to provide an overview of policies aimed at encouraging labor policies and protecting workers at every stage of the labor relationship, with a view to the economic growth of the country, but also the social policy. We will understand how the European Union intends to promote social progress and improve the living and working conditions of the European population. We will mention the common objectives of employment policy, to fight unemployment and create new high-quality jobs. We will analyze Italy’s behavior in terms of labor policies and all public measures, programs and interventions aimed at regulating the labor market, increasing employability, facilitating job placement and ensuring income support for people in difficulty.

Keywords: labor policies, social policies, employees, employers, social progress.

Atrbuţiile organelor statului la exercitarea administrării fiscale
Exercise duties of the state bodies tax administration


In order to ensure a good collection activity, correct, full and in legal terms of the taxes and fees provided by the fiscal legislation, of the penalization measures and the application of fines in the budgets of all levels, it depends to a large extent on the complexity, quality and specificity of the exercise the functional attributions of the state bodies with fiscal administration attributions, as well as the degree of interaction between them at the highest level. The exercise of a correct fiscal administration can also be ensured through the interconnection of information, processes, which will be granted to the services of the taxpayers who will interact with the fiscal system at a high level in order to comply with the exact observance of the legislation.

Keywords: state bodies, taxes and fees, fiscal legislation, fiscal administration.

Temeiurile dispunerii măsurilor speciale de investigaţii în cadrul procesului penal
The grounds for ordering special investigative measures in the criminal process


In the present scientific approach, we decided to analyze in detail the grounds for ordering and carrying out special investigative measures within the criminal process, under the aspect of particularity, trying to clarify and show only the grounds for special investigative measures that are compatible with the criminal process, in the context in which we suspect inconsistencies in the Criminal Procedure Code of the Republic of Moldova. At the same time, we consider that the list of grounds currently recognized by the criminal procedural law could be supplemented with other circumstances or, better said, in connection with the need to ensure the protection of some subjects who benefit from it by special law.

Keywords: grounds, disposition, special investigative measure, criminal process, information, investigating officer, investigating judge, criminal investigation officer.

Prevenirea criminalităţii penitenciare prin metode specifice activităţii speciale de investigaţii
Prevention of prison criminality through specific methods of special investigation activities


The current state of the rule of law is characterized by a variety of trends. The penitentiary system, which is currently in the reform stage, was no exception, which contributed to the concentration in detention institutions of convicts with stable criminal aspirations, demonstrating a deep social degradation. In this context, an important place in the fight against penitentiary crime, along with other means of protecting the rules of law, is occupied by the special investigative activity, carried out by the competent bodies. The use of such information will not only make it possible to reveal, prevent and combat crimes and disciplinary violations, but will also allow a more reasonable choice of methods and means of psychological and pedagogical influence in order to achieve more effective security measures.

Keywords: penitentiary system; penitentiary criminality; determinants of penitentiary crime; prevention of penitentiary crime; criminal subculture; special investigative activity.

Principiul egalității în drepturi între doctrină, legislație și realitate
Principle of equal rights between doctrine, legislation and reality


The notion of equality is central to the protection of all human rights. Failure to grant „equality” of rights, without sufficient reason, is a failure to guarantee human rights. The preamble of the Universal Declaration of Human Rights marked the importance of equality by stating that: „recognition of the inherent dignity and equal and inalienable rights of all members of the human family constitutes the foundation of freedom, justice and peace in the world”. Equality is not just a theoretical idea, because denying equal rights to people in practice has serious negative effects on people’s well-being.

Keywords: equality, freedom, dignity, rights, principle, law, non-discrimination.

Faptele de spălăre a banilor și de finanțare a terorismului
Money laundering and terrorist financing facts

Alina COPANCEAN, Valentina RUSSU

As an element of international crime, money laundering and the financing of terrorism are global phenomena for which an affective solution to combat has not yet been found.

In this scientific article, the author characterizes the phenomenon of money laundering and terrorism financing, by analyzing international and national acts, formulating relevant measures to prevent this criminal scourge.

Key words: money laundering, terrorism, violence, organized crime, terrorist financing.

Reflecții privind pregătirea pentru efectuarea reconstituirii faptei
Reflections on preparing for performance reconstitution of the crime

Aliona FRUNZĂ, Sergiu CREȚU

The tactic of performing the reconstruction of the act represents a criminal prosecution action, which is less researched in the specialized literature. This procedural action resembles and is confused with the verification of statements at the scene of the crime or the experiment in the judicial process. The tactical-criminological research of the crime reconstruction action is current and very important. In this sense, finding out the truth and the circumstances regarding the crime through the reconstruction of the crime is only possible if this judicial procedural action has been well prepared and organized by the subject who is going to carry it out.

Key-words: reconstruction, crime, evidence, criminal, crime scene, procedure, investigator, prosecutor, reproduction, specification and verification of data.

Regimul juridic particular al contractului de donație
The particular legal regulation of the donation contract

Evghenia GUGULAN, Corina SUVAC

For the existence of the donation contract, is essential donor’s intention to donate (animus donandi) and to enlarge the donee’s assets with property without receiving something back. It is remarkable the fact that the donor’s intention must be present to gratify which consists of awareness and intention to a material sacrifice in the favour of the donee.

Therefore, through this study the authors come to enunciate the main peculiarities of the donation contract, to identify contradictory opinions that exist in the jurisprudence and doctrine, offering certain solutions and interpretations in this sense.

Keywords: donation, act of liberation, animus donandi, promise to donate, the will.

Considerații privind infracțiunea de lipsire de libertate în mod ilegal conform Codului Penal al României
Considerations regarding the crime of illegal deprivation of liberty, according to the Criminal Code of Romania

Cătălin-Viorel RISTEA (România)

This offense is based on art. 205 of the Criminal Code of Romania, being part of the offenses against the freedom of the person.

Freedom being a fundamental attribute of the human personality, it is also stipulated in the Romanian Constitution, therefore, this value is also protected by the Romanian Criminal Code.

We will analyze the simple version of the crime, then the aggravated forms, followed by one-by-one analysis of the constituent elements of the crime of illegal deprivation of liberty.

I also followed some aspects of comparative law, regarding the crime of illegal deprivation of liberty, in which sense we have analysed the Codes of Hungary, Italy and Greece, where we will see the constituent elements of this crime, the punishment limits, in the Criminal Codes of the states mentioned above.

Towards the end we will also approach the practical part, with a few examples, following the assembly of the constituent elements of the crime.

Keywords: crime, loss of life, imprudence, judicial practice, comparative criminal law, etc.

Cooperarea europeană în domeniul investigării infracţiunii de spălare a banilor
European cooperation in the field of money laundering crime investigation

Florin ZAGAICAN (România)

Through this paper we propose to study the activities of countries, international and regional organizations that interact in the fight against the legalization (laundering) of the proceeds of crime and the financing of terrorism. The important social and political conditions of each country, region and the global community in general, feel the need for research, analysis and development of measures and rules with which they inevitably face challenges. In the same way, not intervening on this subject would justify the threat to the financial stability and security of the states. Through this work, we also focus on the analysis of scientific materials published in the country, as well as abroad in the field of money laundering investigation at the international level, as well as the analysis of judicial practice, but at the same time, interstate cooperation in the investigation of these crimes presents a key moment in the discovery not only post factum but also to prevent them, a topic we are discussing.

Keywords: crime, money laundering, cooperation, investigation, transnational crimes, transaction, European space.

Principiile procesului penal – repere diriguitoare pentru cunoașterea și aplicarea normelor de procedură penală (Recenzie la monografia Principiile procesului penal)
The principles of the criminal process – guidelines for the knowledge and application of the rules of criminal procedure (Review of the monograph Principles of the Criminal Process) (autor/ author: Dinu OSTAVCIUC)

Valeriu CUȘNIR

Activitatea specială de investigații și procesul penal: aspecte comune și delimitări
Special investigative activity and the criminal process: common aspects and delimitation (autor/ author: Boris GLAVAN)


Activitatea specială de investigații și procesul penal: aspecte comune și delimitări
Special investigative activity and the criminal process: common aspects and delimitation (autor/ author: Boris GLAVAN)

Valeriu CUȘNIR

Drepturile și libertățile omului în contextul ordinii și securității publice
Human rights and freedoms in the context of public order and security (autor/ author: Ianuș ERHAN) p. 211-212


Unii indicatori de măsurare a roadelor muncii de avocat în domeniul penal
Certains indicateurs d’évaluation des résultats du travail de l’avocat dans le domaine criminel

Octavian BEJAN

Même si l’avocat participa d’une manière importante à l’accomplissement de la justice, nous ne trouvons pas des recherches scientifiques concernant l’évaluation des résultats du ce travail. Pour combler ce vide, nous avons fait une recherche scientifique, par la méthode de l’observation, la méthode de l’analyse du contenu et la méthode de la construction abstraite. À la suite de cette recherche scientifique, nous avons constaté que le travail de l’avocat peut être mesuré comme n’importe quel autre travail. Il peut être évalue tant sous la partie quantitative, que sous la partie qualitative. L’évaluation de l’activité d’avocat et utile pour l’a confirmation et l’amélioration de celle-ci. Le travail fait par l’avocat peut être mesurer selon les participants au procès, donc la défense de la victime (la partie lésée), la défense du coupable (le suspect, l’accusé et l’inculpé), partie civile et la partie civilement responsable. Certains indicateurs sont généraux, incluant tous les participants nommés. Selon notre opinion, le travail d’avocat a une grande signification pour la prévention de la criminalité, tant par moyens répressifs que non répressifs.

Mots-clés: avocat, évaluation, droit pénal, droit criminel, prévention, criminalité.