The Journal of the National Institute of Justice最新文献_第8页

Criminal implications of the legal status of members of the governing body and persons carrying out key functions in banks 理事机构成员和在银行履行主要职能的人员的法律地位的刑事影响

The Journal of the National Institute of Justice Pub Date : 2021-12-01 DOI: 10.52277/1857-2405.2021.4(59).04

Roman Eremciuc, O. Bivol

{"title":"Criminal implications of the legal status of members of the governing body and persons carrying out key functions in banks","authors":"Roman Eremciuc, O. Bivol","doi":"10.52277/1857-2405.2021.4(59).04","DOIUrl":"https://doi.org/10.52277/1857-2405.2021.4(59).04","url":null,"abstract":"In some cases, the operation of legislative additions and amendments to the Criminal Code may raise uncertainties regarding the interpretation and application of the criminal law. In this regard, the will of the legislator is to be expressed in a manner that meets the recognized criteria of quality of the law, namely: accessibility, predictability and clarity. In particular, the rule of criminal law must be worded with sufficient precision so as to enable the person to decide on his conduct and to reasonably foresee, in the light of the circumstances of the case, the consequences of such conduct. In this article, the authors set out to interpret the last sentence of art. 123 para. (2) of the Criminal Code, i.e. – to determine whether the members of the governing body and the persons holding key positions in the bank can be considered persons authorized or invested by the state to provide, on their behalf, public services or perform activities of interest public and implicitly, if they can be considered public persons, within the meaning of art. 123 paragraph (2) of the Criminal Code, since, before the exercise of responsibilities, the candidatures of such persons must be approved by the National Bank of Moldova, or either, are to be considered persons managing a commercial organization, within the meaning of article 124 of the Criminal Code.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"444 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133747053","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Official document: material/immaterial object or product of offenses of forged public acts. PART II 官方文件:犯罪或伪造公共行为的实物/非实物或产物。第二部分

The Journal of the National Institute of Justice Pub Date : 2021-12-01 DOI: 10.52277/1857-2405.2021.4(59).03

Cristina Pirtac

引用次数: 0

Implementation of the proportionality test during the search process and the collection of evidence 在搜查过程和证据收集过程中实施比例检验

The Journal of the National Institute of Justice Pub Date : 2021-12-01 DOI: 10.52277/1857-2405.2021.4(59).05

Domnița Vizdoagă

引用次数: 0

Human dignity - source and foundation of human rights and freedoms in the 21st century 人的尊严——21世纪人权和自由的源泉和基础

The Journal of the National Institute of Justice Pub Date : 2021-12-01 DOI: 10.52277/1857-2405.2021.4(59).06

Olga Dorul, Doina Cazacu

{"title":"Human dignity - source and foundation of human rights and freedoms in the 21st century","authors":"Olga Dorul, Doina Cazacu","doi":"10.52277/1857-2405.2021.4(59).06","DOIUrl":"https://doi.org/10.52277/1857-2405.2021.4(59).06","url":null,"abstract":"Human dignity is a criterion of appreciation among people, because each of us wants dignity, it comes from our own nature, but it can be achieved in the community of which we are part. Throughout the existence and development of mankind, there have been various situations in which, however, human dignity has been violated. These situations, in turn, in addition to making the problem visible, served as a pillar for inventing new areas of protection of human dignity, such as: from the perspective of unbearable social conditions and the marginalization of poor social classes; unequal treatment of women and men at work; discrimination against foreigners and cultural, linguistic, religious and racial minorities; brutal expulsion of illegal immigrants and applicants today, disability, medicine, etc. In light of such specific challenges, various aspects of the significance of human dignity arise from the multitude of experiences of what it means to be humiliated and deeply hurt. All these have taken to a new level the perception of human dignity and have generated, depending on the stated problem, different legal, international instruments meant to protect the dignity of human being.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130225271","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Signs of the concept of „conflict of interest” in the judicial practice of Ukraine “利益冲突”概念在乌克兰司法实践中的体现

The Journal of the National Institute of Justice Pub Date : 2021-12-01 DOI: 10.52277/1857-2405.2021.4(59).08

Z. Zahynei-Zabolotenko, P.Yu. Demiak

引用次数: 0

Mechanisms and legal instruments to ensure air route safety 确保航路安全的机制和法律文书

The Journal of the National Institute of Justice Pub Date : 2021-12-01 DOI: 10.52277/1857-2405.2021.4(59).07

Alexndru Cauia, Feodor Bria

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The right of the defense to request an explanation of the accusation during the criminal investigation phase 辩方在刑事侦查阶段要求对指控作出解释的权利

The Journal of the National Institute of Justice Pub Date : 2021-12-01 DOI: 10.52277/1857-2405.2021.4(59).01

Tatiana Vizdoaga, Adriana Eşanu

{"title":"The right of the defense to request an explanation of the accusation during the criminal investigation phase","authors":"Tatiana Vizdoaga, Adriana Eşanu","doi":"10.52277/1857-2405.2021.4(59).01","DOIUrl":"https://doi.org/10.52277/1857-2405.2021.4(59).01","url":null,"abstract":"Pursuant to Article 66 paragraph (2) point 1) of the Code of Criminal Procedure, the accused has the right to know for what deed he is accused […], i.e. to be informed on the nature and cause of the accusation brought against him. If the person is not properly informed about the accusation, he is deprived of the right to ensure the possibility of preparing and exercising his defense, being seriously affected by the principles of a fair trial, guaranteed by Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Although the principle governing the exercise of rights by the accused in criminal proceedings guarantees the use of any means and procedures of defense, except those expressly prohibited by law, some prosecutors are reluctant to defenders’ requests to explain the accusation in criminal proceedings, context in which, in most cases, either declares them inadmissible or considers them unfounded. Such an approach does not reconcile the right to a fair trial; or, the clarity of what is set out in the indictment is also linked to the right of the accused to defend himself – as an indispensable element of the protection of the person against arbitrariness. Therefore, in this study, the authors will come up with pertinent arguments to annihilate the vicious practice of prosecutors to disregard the importance of predictability of the accusation in order to ensure the right to defense, as well as avoiding the conviction of the Republic of Moldova by the European Court for European Convention.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116264610","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Theoretical-practical approaches regarding the detention regimes in the penitentiaries of the Republic of Moldova 关于摩尔多瓦共和国监狱拘留制度的理论-实践方法

The Journal of the National Institute of Justice Pub Date : 2021-10-01 DOI: 10.52277/1857-2405.2021.3(58).08

V. Cojocaru

{"title":"Theoretical-practical approaches regarding the detention regimes in the penitentiaries of the Republic of Moldova","authors":"V. Cojocaru","doi":"10.52277/1857-2405.2021.3(58).08","DOIUrl":"https://doi.org/10.52277/1857-2405.2021.3(58).08","url":null,"abstract":"This article highlighted the specific nature of the execution of custodial sentences in the Republic of Moldova. Similarly, some theoretical and practical aspects of the current difficulties encountered in achieving the purpose of the deprivation of liberty were approached through the proper application of progressive and regressive regimes. Special importance has been given to the identification of the current regulations that determine the placement in different types of prisons with the three detention regimes. Also, this scientific paper draws attention to the necessity to carry out studies aimed at contributing to the formulation of proposals for amending the normative and institutional framework in order to enforce custodial sentences, including the current infrastructure conditions. For a suitable weighting of the necessary efforts in the process of applying new detention regimes. Thus, the legal analysis of the present provisions has attempted to make the present work useful both to the justices and to the academic environment regarding the current realities concerning the application of detention regimes and the need for intervention in this field.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130977362","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Qualification of the repeated single offence: the case of hooliganism 重复单一犯罪的条件:流氓罪

The Journal of the National Institute of Justice Pub Date : 2021-10-01 DOI: 10.52277/1857-2405.2021.3(58).05

Vadim Prisacari

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Assessment of evidence in adopting decisions to put a criminal case 在对刑事案件作出决定时对证据进行评估

The Journal of the National Institute of Justice Pub Date : 2021-10-01 DOI: 10.52277/1857-2405.2021.3(58).06

Lilia Lupaşco

引用次数: 0