Legea și Viața nr.4 (2022)

Modelarea ca metodă de cunoaștere a adevărului
Modeling as a method of knowing the truth

Iurie ODAGIU, Constantin RUSNAC

Forensic methods are means of solving scientific tasks in the process of theoretical forensic research and practical applications. The methods developed and applied by forensics are very diverse. The system of forensic methods also includes modeling as a method of knowing the truth.
In this article, the author researched the possibilities and contribution of the modeling method to finding and investigating crimes, emphasizing the features and algorithm of activities that need to be observed in modeling, in order to find out the truth in a criminal case.
Keywords: modeling, model, forensics, criminal trial, method of knowledge, criminal case.

Elucidarea conținutului obiectului juridic în procesul de încadrare a infracțiunilor
Elucidation of the content of the legal object in the process of crime’s classification

Radion COJOCARU, George-Marius ȚICAL

The application of the criminal law in strict congruence with the principle of the legality of incrimination is undoubtedly conditioned by the process of legal categorization of crimes, which allows the placement of prejudicial acts committed in the pattern of the criminal law. In turn, the legal classification of the offense (qualification of the offence), as defined by art. 113 of the Criminal Code, must be based on the finding of an exact correspondence between the signs of the prejudicial act and the signs of a concrete component of the crime described by the criminal law. In this study, the procedures for elucidating one of the key elements of the composition of the crime – the legal object of the crime – are addressed. Finally, some procedures and rules were substantiated based on which the interpreter of the criminal law could determine the signs that characterize this objective element of the composition of the crime. As a priority, this study is addressed to students of law faculties from different study cycles, which in the context of learning the elements of legal framing of crimes will be able to deepen their knowledge in the matter.
Keywords: criminal offence, misbehavior, legal framework, legal object, social values, social relations, criminal protection.

Aspecte criminalistice ale aplicării poligrafului la cercetarea infracțiunilor informatice
Forensic aspects of the use of the polygraph in the investigation of cybercrimes

Iurie ODAGIU, Andrei LUNGU

In this article we intend to make an analysis and evaluation of some aspects related to the application of the polygraph in the activity of the police to the investigation of cybercrimes.
We will pay attention to the skills and competences of polygraph specialists that they should possess in the context of applying polygraph to the research of cyber security documents.
We will establish the circumstances to be elucidated by applying the polygraph.
We will analyze the psycho-criminological profile of digital criminals – an element of major importance in compiling the battery of tests for polygraph testing.
We will focus on the manner and methodology of conducting the polygraph examination and make recommendations for further research in the field of polygraph application.
Keywords: polygraph, lie detection, polygraph testing stages, polygraph application to cybercrime investigation, cyber security.

Dimensiunea curriculară – componentă esențială a calității procesului de formare profesională a angajaților Inspectoratului General pentru Situații de Urgență
Curriculum dimension an essential component of the quality of the vocational training process of employees of the General Inspectorate for Emergency Situations

Cezar PEȚA, Andrian CIUMAC

The curricular dimension, in the condition of an optimal management, represents a fundamental pillar of the strategy of efficiency of the learning quality within the Republican Training Center of the General Inspectorate for Emergency Situations, given the fact that this dimension unquestionably allows for the achievement of superior results, compared to standards and towards the satisfaction of the needs and expectations of the direct and indirect beneficiaries of education, namely through the curriculum focused on competencies, on real contexts of professional activity and interactive learning, the methodical and successive process of learning, development and training, based on finalities, is effectively ensured.
Keywords: quality, competences, quality management, curriculum, dimension.

Reflecții privind garanțiile respectării drepturilor persoanei în activitatea specială de investigații
Reflections on guarantees of respect for the rights of the person in the special investigation activity


The paper is dedicated to the field of research of the special investigation activity and has as object of study the legal guarantees regarding the observance of the person’s rights to the accomplishment of this kind of activity. The purpose of this study is to identify and analyze these guarantees from the perspective of national legislation, theoretical research, judicial practice, including the practice of the ECHR. In the context of the approaches, attention is drawn to those issues that raise certain questions when interpreting certain legal provisions and set out the author’s own views aimed at improving national legislation in the segment of guarantees of respect for human rights in conducting special investigations.
Keywords: special investigation activity, special investigation measures, special investigation techniques, criminal proceedings, criminal prosecution, tasks, guarantees

Sistemul organizaţional al domeniului de ordine şi securitate publică
The organizational system in the field of order and public security


Public order and public security are ensured by all the measures taken by law enforcement, to maintain, ensure and, in the last instance, restore public order. The law enforcement, in turn, represents the institutional framework of the public order and security system, and from the analysis undertaken, we highlight two public authorities with direct competences in the field of public order and security, namely the Police and the General Inspectorate of Carabineers.
The realization of police duties requires the establishment of an institutionalized structure that externalizes the organization and expresses the distribution of competences, functions, attributions and tasks on different organizational levels with the avoidance of overlaps, duplications or, even worse, the lack of dedicated subdivisions responsible for the realization of certain competences.
At the same time, the realization of the legal provisions requires a transposition of the functional attributions into concrete activities. Thus, the structure and, respectively, the distribution of competences according to the existing structure determines the creation of police subdivisions that would perform the assigned competences efficiently and at the expected level.
Keywords: Public order and public security, Police, The General Inspectorate of Carabineers, police activity, organizational and functional framework, organizational levels, competences, attributions and responsibilities.

Противодействие торговле людьми в Украине в условиях вооруженного конфликта
Counteraction to human trafficking in Ukraine under armed conflict


The article is devoted to an actual problem – combating human trafficking in Ukraine in the context of an armed conflict. The author examines the concept of ”trafficking in persons”, enshrined in international legal acts and national legislation, and concludes that the approach to the essence of this phenomenon is ambiguous and the possibility of making mistakes when constructing the disposition of the norm of the article on trafficking in persons. It is noted that in the context of the armed conflict in Ukraine in cases of human trafficking, it is necessary for law enforcement agencies to develop general rules for qualification under art. 149. Human trafficking of the Criminal Code of Ukraine or under art. 438. Violation of the laws and customs of war of the Criminal Code of Ukraine, as well as it is recommended to amend the legal acts aimed at combating human trafficking.
Keywords: human trafficking, armed conflict, sexual abuse, gender-based violence, counteraction, criminal liability.

Unele laturi ale dreptului moldovenesc în veacurile XVII-XVIII
Certains aspects du droit moldave aux XVII-XVIII siécles

Octavian BEJAN

Il semble que le droit de tous les pays du monde soit dans l’impasse. Accuse des problèmes et la justice, surtout dans certains pays, parmi lesquelles se trouve la République de Moldova. El est besoin donc d’un nouveau regard sur les choses, un regard inhabituel. L’opinion que le développement scientifique a apporté une amélioration du monde sous tous les aspects semble être faux. Le passé de la nation cache des connaissances et pratiques qui peuvent être utiliser dans nos jours. Le droit moldave et le système de la justice aux XVII-XVIII siècles était beaucoup meilleur que le droit et le système judiciaire d’aujourd’hui. Les normes sociales (juridiques et non juridiques) étaient peu nombreuses. Tous les membres de la société connaissaient tous les dispositions des lois. Les juges faisaient partie de l’administration de l’état. Le dirigeant du pays était le juge suprême. Certains juges étaient malhonnêtes et discriminatoires, mais l’accomplissement de la justice était ainsi conçu que toute le monde avait partie de la justice à la fin. Les gens étaient satisfaits de la justice qu’ils recevaient. Le droit était organisé selon le principe de la suprématie de la loi. Était connu et utilisé le terme « droits ». On peut dire que nos ancêtres avaient des connaissances criminologiques précieuses sur la conduites criminelle et la criminalité, mais aussi sur la prévention de ceux-ci. Même si les écrites anciens ont été beaucoup recherchés scientifiquement, il semble que les possibilités de découvrir nouvelles connaissances, même de grande signifiance, ne se termineront jamais.
Mots-clés : droit, médiéval, moldave, Moldavie, XVII-XVIII siècles, XVII siècle, XVIII siècle.

Minoritățile naționale, autonomia și autodeterminarea popoarelor
National minorities, autonomy and self-determination of peoples


In this article we set out to make an analysis of some of the problems in both the theory of law and the practice of states. It is about elucidating the theoretical problems related to the relationship: national minorities – autonomy – the right of peoples to self-determination. The article will refer to international regulations as well as to real situations in the practice of states related to the issue in question.
Keywords: national minorities, autonomy, self-determination, people, international recognition.

Impactul convenției de la Istanbul asupra politicii de prevenire a violenței în familie în Republica Moldova
Impact of the Istanbul convention on policy for the prevention of domestic violence in the Republic of Moldova

Sergiu CREȚU, Aliona FRUNZĂ

With the ratification of the Istanbul Convention, the State of the Republic of Moldova reiterates that it recognizes domestic violence as a serious form of violation of human rights and fundamental freedoms and assumes that responsibility, internationally and nationally, to fight in order to eradicate the phenomenon and to align with those international standards by which all human rights and freedoms are ensured.
Thus, the Istanbul Convention requires the state, the Republic of Moldova, to take legislative and other necessary measures that would effectively contribute to the prevention of violence against women and domestic violence.
In this context, we consider as an absolutely necessary and effective measure, the development and active implementation of activities for victimological prevention of domestic violence in the Republic of Moldova, which would ensure a policy of early prevention of this phenomenon that would align with international standards.
Key-words: violence, family, women, discrimination, ratification, prevention, victimology, convention, Istanbul, measures, standards.

Interactions between the state and foreign investors in environmental and property protection
Interacțiunile statului și a investitorilor străini în materie de protecție a mediului și a proprietății


The article presents the forms of interaction in terms of foreign investment with reference to the protection of property interests on the one hand and the protection of environmental interests on the other. The need to protect investors’ assets from expropriations directly related to the state’s environmental interests has emerged relatively recently, but the parties to bilateral or multilateral agreements have included provisions that protect the given values. Addressing the issue in the light of the respective agreements is a welcome thing for both the host state of investment and the investing state, each creating its own levers of protection of due interests. The effectiveness of these provisions and the settlement of disputes arising from them remain at the discretion of the parties in most cases, but the mechanisms provided offer some additional guarantees to be able to make progress in both investment and environmental protection.
Keywords: environmental protection, investments, expropriation, environmental clause, property, public interests.

Abordarea prevederilor art. 91 din Codul penal al Republicii Moldova – liberarea condiționată de pedeapsa penală înainte de termen prin prisma art. 7 din CEDO
The approach of the provisions of art. 91 of the Criminal Code of the Republic of Moldova – conditional release from criminal punishment before the term by the prism of art. 7 of the ECHR

Ecaterina BORTA

Imprisonment represents the constraint of human freedom, freedoms provided in the Constitution, but also its isolation from society. The institution of “conditional release” of criminal punishment before term, provided by art. 91 of the Criminal Code of the Republic of Moldova, appears as an alternative to detention which establishes certain rehabilitation requirements, taking into account the socio-economic status of the offender. Due to the fact that the Republic of Moldova has ratified the European Convention on Human Rights, national criminal law is interpreted in accordance with the rules of this Convention, which is a mechanism for monitoring respect for human rights in the Member States. Thus, the sanctions applied to the persons who have committed crimes, must comply with the provisions of art. 7 of the ECHR, according to which no one may be convicted of an act or omission which, at the time of the commission, did not constitute an offense under national or international law.
This paper is an analysis of the institution of „conditional release” of criminal punishment before the term of the national criminal law in collaboration with art. 7 of the ECHR, which includes the provisions of national and international law, comparative study and conclusions.
This article was developed as a result of the study of the Previous ECHR discipline in the field of criminal law, taught at the Doctoral School “Criminal Sciences and Public Law” of the Academy „Stefan cel Mare” of the MIA of the Republic of Moldova. The aim is also to disseminate the scientific results obtained as a result of the Project 20.80009.1606.05 – “The Quality of Justice and Respect for Human Rights in the Republic of Moldova: Interdisciplinary Research in the Context of the Implementation of the Association Agreement Republic of Moldova – European Union” (QJRHRRM), the reviewer of the present study being a participant of the respective project.
Keywords: conditional release individual sentencing program, probation bodies, ECHR case law, Constitutional Court decisions.

Procesul de căutare a polițiștilor, militarilor și voluntarilor dispăruți fără veste în timpul războiului de la Nistru din anul 1992 (autor Simion Carp) (Recenzie)


Răspunderea penală pentru crearea sau conducerea unei organizaţii criminale. Monografie (autor Andrei Cazacicov) (Recenzie)