„Law and Life” is a periodical scientific-practical journal in the field of legal sciences from the Republic of Moldova. In 2022, the journal was registered within the Doctoral School of the „Stefan cel Mare” Academy of the Ministry of Internal Affairs of the Republic of Moldova, a prestigious university institution whose didactic strategies are based on research. On March 6, 2025, by Decision No. 7 of the ANACEC Governing Council, the journal was included in the list of scientific publications in the Republic of Moldova and was accredited as a type B publication in the field of Legal Sciences.
Academy „Ştefan cel Mare” of the Ministry of Internal Affairs of the Republic of Moldova
ANALYSIS OF SCIENTIFIC MATERIALS ON CRIMINAL LIABILITY FOR PIMPING PUBLISHED IN THE REPUBLIC OF MOLDOVA
The article examines the main opinions expressed in domestic legal doctrine regarding the offense of pimping from the perspective of substantive criminal law. The study analyzes the evolution of doctrinal approaches and identifies points of convergence and divergence in the interpretation of the constituent elements of the offense. Different interpretations concerning the specific legal object of pimping are examined, as well as issues related to the configuration of the objective and subjective elements of the offense. A relevant finding of the study is the lack of doctrinal consensus regarding the identification of the victim of the offense. Thus, some authors consider that the victim of pimping may be any person, female or male, while other authors argue that, in the case of pimping, the person who engages in prostitution is generally not regarded as a victim. The research is predominantly theoretical in nature and is based on a critical analysis of doctrinal opinions. The aim of the study is to contribute to the consolidation of a coherent and unified approach in the interpretation and application of the provisions of Article 220 of the Criminal Code of the Republic of Moldova, in order to ensure uniform judicial practice. Following the analysis of the scholarly works of doctrinal authors from the Republic of Moldova, it was found that although there are several important studies dedicated to the offense of pimping, the level of development of the scientific concept concerning criminal liability for pimping cannot yet be considered advanced. Such a foundation would allow the systematization of doctrinal positions and the harmonization of the practice of applying the criminal norm by establishing clear and coherent interpretative benchmarks. Therefore, we consider it necessary to supplement the existing scientific framework through the development of a comprehensive theoretical basis that would substantiate and clarify the interpretation of the provisions of Article 220 of the Criminal Code of the Republic of Moldova.
Copyright (c) 2026 Eduard CALMAȚUI, Elena ROȘIOR (Author) https://creativecommons.org/licenses/by/4.0
THE IMPACT OF TRAUMA ON THE BEHAVIOR OF HUMAN TRAFFICKING VICTIMS: REACTIONS AND PSYCHOSOCIAL ASSISTANCE
The study examines the impact of trauma on the behavior of victims of human trafficking and highlights the complexity of the psychological reactions generated by repeated experiences of exploitation, coercion, and control. Human trafficking, recognized as one of the most serious forms of organized crime, produces profound consequences for the mental, physical, and social health of victims, severely affecting their ability to make autonomous decisions, trust others, and return to a normal way of life. The research shows that traumatic experiences associated with trafficking contribute to the development of complex disorders such as major depression, chronic anxiety, post-traumatic stress disorder, attachment disorders, identity disturbances, dissociation, and severe sleep disruption. These effects are intensified by repeated abuse, social isolation, emotional blackmail, and the psychological control exercised by traffickers. At the behavioral level, victims often develop maladaptive survival mechanisms such as apathy, sub-mission, denial, emotional dependence, or avoidance of contact with authorities, which makes early identification more difficult and complicates the process of recovery and reintegration. The paper emphasizes the need for specialized, early, and continuous psychosocial intervention focused on victim protection, reduction of the risk of re-victimization, and restoration of emo-tional and social functioning. It also underlines the importance of combating stigmatization and promoting a holistic, interdisciplinary, and trauma-informed approach as an essential prerequisite for long-term recovery and social reintegration of victims of human trafficking.
Copyright (c) 2026 Vitalie IONAȘCU, Beniamin LUP (Author) https://creativecommons.org/licenses/by/4.0
THE CONSTITUTIONAL ROLE OF THE MINOR FROM THE PERSPECTIVE OF CRIMINAL LAW AND THE PRINCIPLE OF THE BEST INTERESTS OF THE CHILD IN CONTEMPORARY CONSTITUTIONALISM. A COMPARATIVE STUDY OF ROMANIA AND THE REPUBLIC OF MOLDOVA
This paper examines the constitutional role of minors from the perspective of criminal law and the relevance of the best interests of the child principle within contemporary constitutionalism. The study explores how child protection is recognised at the constitutional level and how these principles influence legal regulations concerning juvenile criminal liability. The research is based on a comparative analysis of the constitutional and criminal law frameworks of Romania and the Republic of Moldova, focusing on constitutional provisions related to child protection, the legal regime of juvenile criminal liability, and the jurisprudence of the constitutional courts. At the same time, the study highlights the influence of international and European standards on child protection, particularly the United Nations Convention on the Rights of the Child and the Charter of Fundamental Rights of the European Union. The findings indicate that the protection of minors represents a fundamental constitutional value in both legal systems and that the application of the best interests of the child principle leads to legal solutions focused on protection and social reintegration of minors in conflict with criminal law.
Copyright (c) 2026 Liana-Georgiana STOIAN (Author) https://creativecommons.org/licenses/by/4.0
COMPARATIVE APPROACH TO THE CONDITIONS FOR THE MANIFESTATION OF LOCAL AUTONOMY IN THE ROMANIAN AND ITALIAN CONTEXT
This research addresses the subject of local autonomy - administrative and financial, through a comparative analysis of the determining premises that condition its exercise. Using the cities of Gura Humorului (Romania) and Bergamo (Italy) as practical benchmarks, the study identifies the structural and functional convergences/ divergences between the two local communities, highlighting how the administrative configuration influences real autonomy. The central question of the approach, “Which model of local administration offers a more real autonomy?”, guides the entire investigation beyond the formal legal framework, towards the functional reality of self-government. The objectives pursued are: analysis of the configuration of local communities, assessment of the availability of human, material, and financial resources, analysis of electoral mechanisms for the establishment of local authorities, study of models of executive organization, recognition of the plenitude of competence for local authorities, and identification of the limits of central power control. The mixed methodology combines qualitative analysis of legal texts with quantitative analysis of administrative and financial indicators, the comparative method being used throughout the scientific path. The research results confirm the hypotheses launched at the start, demonstrating that the stability of the specialized apparatus and a high self-financing index are direct predictors of real autonomy, that the collegial executive model of the Giunta type favors more technical management, and that forms of administrative supervision significantly condition local decision-making freedom in both systems. The theoretical-practical implications lie in offering a model for analyzing administrative resilience in a European context, the study providing Romanian decision-makers with arguments for consolidating the autonomy of the administrative apparatus, using the Italian model as a benchmark for efficiency. The conclusions indicate that authentic local autonomy depends on the balance between legal competencies and the concrete resources (human and financial) necessary for their exercise, transforming the city hall from an executor of the center into a service provider capable of responding to the real needs of citizens.
administrative and financial subordination
Copyright (c) 2026 Petronela SCUTARIU (Author) https://creativecommons.org/licenses/by/4.0
THE SOCIAL ECONOMY IN THE EUROPEAN UNION: A COMPARATIVE LEGAL AND INSTITUTIONAL ANALYSIS
This article analyses the state and evolution of the social economy in several European Union countries, including France, Spain, Sweden, Italy and Romania, with a particular focus on comparative institutional dynamics. The social economy refers to economic activities that prioritize social and environmental objectives over profit maximization, contributing to social inclusion, employment generation and sustainable development. The study adopts a qualitative comparative and document-based approach to examine regulatory frameworks, governance principles, economic relevance and policy integration mechanisms across the selected Member States. Attention is given to recent European policy developments, including the European Commission’s Social Economy Action Plan and the Council Recommendation on developing framework conditions for the social economy, as well as to instruments supporting access to finance, statistical visibility and participation in public procurement. The findings highlight both persistent institutional diversity and emerging convergence trends among national models, reflecting differences in historical traditions, policy approaches and levels of economic integration. At the same time, the analysis shows that European policy frameworks contribute to strengthening the strategic role, institutional consolidation and visibility of the social economy across the European Union. The study suggests that the social economy is evolving into an increasingly important component of the European social market economy, with significant contributions to employment creation, social inclusion and the transition toward a more sustainable, inclusive and resilient economic model.
Copyright (c) 2026 Diana-Margareta MORIȘCĂ (Author) https://creativecommons.org/licenses/by/4.0
ANALYTICAL ACTIVITY AND DIGITAL TOOLS AS A MANDATORY COMPONENT OF THE INVESTIGATIVE METHODOLOGY FOR CRIMES COMMITTED BY ORGANISED CRIMINAL GROUPS
This study examines the role of analytical activity and specialized IT tools in the methodology for investigating crimes committed by organized criminal groups, arguing that their integration does not represent merely a technical-methodological modernization, but a fundamental shift in the investigative paradigm – from a reactive model to a proactive, intelligence-led one. The objectives pursued include: (1) demonstrating that analytical activity and IT tools constitute a mandatory, not optional, component of forensic methodology in cases involving organized criminal groups; (2) identifying the typology of applicable IT tools (digital forensics, OSINT, social network analysis, Big Data, artificial intelligence) and the manner of their integration into the intelligence cycle; (3) analyzing the national practice of law enforcement institutions and comparative international experience. The research findings confirm that, in over 70% of cases involving organized criminal groups investigated by the Prosecutor’s Office for Combating Organized Crime and Special Cases during 2020–2024, digital evidence played a decisive role, while the lack of an integrated analytical protocol constitutes the main cause of evidentiary failure. The theoretical and practical implications of the study concern the completion of the criminal procedural legal framework of the Republic of Moldova with explicit regulations on the use of IT tools in investigating organized criminal groups, as well as the development of national methodological protocols aligned with Europol and UNODC standards.
Copyright (c) 2026 Ion BOTNARI (Author) https://creativecommons.org/licenses/by/4.0
IMPLEMENTATION OF DIRECTIVE (EU) 2019/713 ON FRAUD AND COUNTERFEITING OF NON‑CASH MEANS OF PAYMENT AND ITS IMPLICATIONS FOR THE CRIMINAL LAW OF THE REPUBLIC OF MOLDOVA (PART II)
The second part of this study offers an in‑depth examination of the compatibility between Moldovan criminal law and the requirements of Directive (EU) 2019/713, highlighting both the similarities and the normative discrepancies. It reviews the relevant provisions of the Criminal Code of the Republic of Moldova in relation to the corresponding rules of the Directive. The authors emphasize the need to align national criminal legislation with European standards, proposing de lege ferenda amendments to address the identified gaps, such as expanding the range of normative modalities and adjusting sanctions, including those applicable to legal persons. The study underscores the importance of sanctions that are effective, proportionate, and dissuasive, as well as the aggravation of liability in cases involving organized criminal groups. It also stresses the necessity of a strict interpretation of criminal norms, to protect individuals from arbitrariness and to ensure compliance with the principle of legality, as enshrined in art. 7 of the European Convention on Human Rights. Against the backdrop of challenges posed by digitalization and globalization, the authors argue that adapting criminal law is essential for the effective prevention and combating of fraud involving non‑cash means of payment, highlighting the role of Directive (EU) 2019/713 as an instrument for harmonizing and strengthening the legal order. This second part of the article stands out through its meticulous comparative approach, concrete legislative proposals, and a thoughtful reflection on the social and legal implications of the phenomenon under analysis. The authors’ endeavour goes beyond a purely technical assessment, aiming instead to offer viable solutions for strengthening the national legal framework, to ensure a balance between the effectiveness of criminal repression and the protection of fundamental rights. In this way, the text becomes a valuable reference for academic research and for practitioners of criminal law, providing a timely and relevant perspective grounded in both European and national legislative realities.
he Criminal Code of the Republic of Moldova
Copyright (c) 2026 Serghei BRÎNZA, Vitalie STATI (Author) https://creativecommons.org/licenses/by/4.0
Rehabilitation of Victims of the Soviet Totalitarian Regime in the Republic of Moldova: Historical and Juridical Perspectives and Directions for Legislative Improvement
This article examines the situation of victims of political repression under the Soviet totalitarian regime on the present territory of the Republic of Moldova from a historical and legal perspective. The study highlights the systemic nature of abuses committed by Soviet repressive bodies, including deportations, arbitrary convictions, and inhuman treatment inflicted upon the population. It analyzes the legal mechanisms established after 1991 for the rehabilitation of victims, with particular focus on the provisions of Law no. 1225/1992, as well as the challenges encountered in their implementation. Special attention is given to existing legislative gaps, including the exclusion of certain categories of victims and procedural obstacles resulting from recent amendments to criminal procedural law. The article concludes with proposals de lege ferenda aimed at expanding the scope of persons entitled to rehabilitation and establishing effective legal mechanisms to ensure genuine transitional justice and the protection of fundamental rights of affected individuals.
Copyright (c) 2026 Simion CARP, Iurie LARII (Author) https://creativecommons.org/licenses/by/4.0
THE INDIVIDUALIZATION OF FINAL CRIMINAL SENTENCES IN THE CONTEXT OF OFFENCE RECLASSIFICATION BASED ON THE RETROACTIVE APPLICATION OF CRIMINAL LAW
The restrictive interpretation of criminal law, even when it is unfavorable, is not expressly prohibited and does not, as such, infringe the principle of legality of criminalization; nevertheless, it may result in prejudice to the rights and legitimate interests of litigants, may vitiate judicial practice, and, in certain situations, may lead to the State being condemned by the European Court of Human Rights. Accordingly, the subject matter of the present study consists of cases very frequently encountered in domestic judicial practice involving a restrictive interpretation of the provisions of article 101, par. (7) of the Criminal code – an interpretation which deprives the retroactive effect of criminal law of its substance. The analysis carried out highlights a different approach, currently a minority one, to the provisions of the aforementioned criminal norm, which is nevertheless consistent with both the letter and the spirit of the law. According to this view, the reclassification of the act on the basis of the retroactive effect of criminal law also entails a new re-individualization of the final criminal sentence, without limiting the court to only two options: either setting the sentence at the maximum penalty provided by the more favorable criminal law or maintaining the sentence established by the final and irrevocable judgment.
Copyright (c) 2026 Andrei CAZACICOV (Author) https://creativecommons.org/licenses/by/4.0
TACTICAL-CRIMINALISTIC LANDMARKS OF THE HEARING PRIOR TO THE PRESENTATION FOR RECOGNITION, ACCORDING TO THE PROCEDURAL STATUS OF THE EXAMINED PERSON
The article "Tactical-Criminalistic Landmarks of the Hearing Prior to the Presentation for Recognition, According to the Procedural Status of the Examined Person" aims to analyse the particularities of the hearing tactics applied to different categories of participants in criminal proceedings prior to conducting the presentation for recognition as a criminal investigation act. By examining both the theoretical framework and the investigative practice studied, the specificity of the tactics applied in the case of witnesses, victims, suspects and accused persons who are to be involved in the presentation for recognition is highlighted. Special attention is also given to the psychological component of the hearing, as well as to the selection of tactical procedures adapted according to the procedural status of the heard person. The results of the scientific research show that, in preparing and conducting the hearing with a view to the subsequent presentation for recognition, the representative of the criminal investigation body must take into account the procedural position of the heard person, their psychological state and the specific particularities of each investigated case. This enables the obtaining of complete and truthful statements, the rigorous substantiation of evidence and the increase of the efficiency of the criminal investigation bodies.
Copyright (c) 2026 JITARIUC (Author) https://creativecommons.org/licenses/by/4.0
SOCIAL PROTECTION FOR REFUGEES AND FOREIGN NATIONALS
The social protection of refugees and foreign nationals represents a field of major importance for contemporary public policies, being grounded in the principles of human rights, solidarity, and non-discrimination. This study examines the legal and institutional framework governing social protection for refugees and foreign nationals, with a particular focus on the regulations and practices implemented in the Republic of Moldova. The objective of the research is to analyze the applicable international and national legal norms, assess the mechanisms ensuring access to social benefits and services, and identify the main challenges encountered in the socio-economic integration process of the beneficiaries. The findings of the research highlight the existence of a regulatory framework that guarantees refugees and other categories of foreign nationals access to essential forms of social protection, including social services, healthcare assistance, and integration measures. At the same time, the study reveals persistent challenges related to the effective implementation of these rights, stemming from institutional constraints, linguistic and informational barriers, as well as the need to strengthen coordination mechanisms among public authorities and other relevant stakeholders. From a theoretical perspective, the research contributes to a deeper understanding of the social protection of refugees and foreign nationals within the context of international and European standards. From a practical perspective, the conclusions may serve as a basis for improving the legal framework and public policies aimed at enhancing social inclusion and fostering the sustainable integration of refugees and foreign nationals in the Republic of Moldova.
Copyright (c) 2026 Alexandra TIGHINEANU, Elena CIOCHINA (Author) https://creativecommons.org/licenses/by/4.0
FREEDOM OF EXPRESSION AS PILLAR OF HUMAN RIGHTS
The topic addressed systematizes "freedom of expression", a right with a fairly broad applicability and which consists of a conglomerate of rights such as the right to information, the right to receive information, the right to opinion, etc. The exercise of the right to freedom of expression entails certain duties and responsibilities, which make it possible to impose restrictions and conditions on its exercise, and these interferences must meet three criteria: they must be provided for by law, pursue a legitimate aim, and be necessary in a democratic society, i.e., they must be proportionate to the aim pursued. Paragraph 2 of Article 10 of the Convention explains the conditions under which interference with the right to freedom of expression is permitted, which may be generated either by the need to protect certain public interests (such as those relating to national security, territorial integrity, public safety, the defense of public safety and the prevention of crime, the protection of public health and morals, and the guarantee of the authority and impartiality of the judiciary), but also to protect certain private interests, such as the reputation and rights of others or the need to prevent the disclosure of confidential information. This paragraph basically lets countries take steps to protect those interests, which means getting involved in how people exercise their right to free speech. States enjoy a margin of appreciation in determining the necessity of such measures in a democratic society, but ultimately it is up to the European Court of Human Rights to rule on the compatibility of the interference with the provisions of the Convention, assessing on a case-by-case basis whether the interference arises from a pressing social need and whether it is proportionate to the aim pursued. The purpose of the research focuses on a presentation of the right to free expression, through jurisprudence, at national and international level, but it is also a reflection on the need to criminalize insult and slander, in relation to the right to free expression in public space. Moreover, the connection of the right to silence with freedom of expression constitutes a contrast that ensures indisputable guarantees in the procedural framework, in which the defendant, through the presumption of innocence, can invoke non-incrimination. The objectives of the study follow the statutory aspects of the right to freedom of expression in relation to the connection with other fundamental rights adjacent to this right.
Copyright (c) 2026 Gabriela NEMȚOI (Author) https://creativecommons.org/licenses/by/4.0
THE COMPETENCE OF THE CRIMINAL INVESTIGATION BODY IN INVESTIGATING SMUGGLING COMMITTED THROUGH POSTALSHIPMENTS: A COMPARATIVE APPROACH AND PERSPECTIVES FOR HARMONIZATION
In the Republic of Moldova, the competence of the criminal investigation body is regulated primarily by the Code of Criminal Procedure, which establishes the object of criminal prosecution, the rules for initiating criminal proceedings, and the powers of the authorities involved. According to Article 252 of the Code of Criminal Procedure, criminal prosecution aims at establishing the commission of an offense, identifying the perpetrator, and determining criminal liability through the administration of evidence in accordance with the law. A central role in this normative framework is held by the criminal investigation officer and the prosecutor, whose powers are enshrined in Law No. 333/2006 and Law No. 3/2016, respectively. In cases involving the investigation of smuggling committed through postal shipments, determining the competence of the criminal investigation body acquires particular importance, as such investigations require cooperation with various administrative authorities, especially the Customs Service, as well as with postal operators. The lack of effective coordination among these entities may lead to the fragmentation of criminal cases, jurisdictional conflicts, and the weakening of the evidentiary basis. Harmonizing the competence of the criminal investigation body with European standards entails not only targeted normative adjustments but also a paradigm shift in the investigative approach. Clarity of competence, functional specialization, and the strengthening of judicial oversight are indispensable elements for ensuring a proper balance between the effectiveness of criminal prosecution and the protection of fundamental rights.
competence of the criminal investigation body
legal regime of international postal shipments
Criminal Code of the Republic of Moldova
Code of Criminal Procedure of the Republic of Moldova
delimitation of material and territorial competence
administration of evidence in smuggling cases
legality of interferences with private life
Copyright (c) 2026 Albert ANTOCI, Alexandru SPÎNU (Author) https://creativecommons.org/licenses/by/4.0
CONTROVERSIAL ASPECTS REGARDING THE LEGAL AND MATERIAL OBJECT OF ROBBERY
This article aims to elucidate the importance of correctly identifying the legal object and the material object. Establishing these elements represents a fundamental guarantee for the ef-fective protection of the social values and relations affected, as well as for the correct appli-cation of criminal law norms. The study focuses on practical divergences regarding the de-limitation of the material object and its impact on the legal classification of acts and the de-termination of their degree of social danger. The adopted methodology includes doctrinal analysis, examination of relevant case law, and comparison of norms and interpretations concerning the object of offenses against property. The research results highlight that the complex nature of the crime of robbery involves a special legal object composed both of soci-al relations concerning the possession of movable property and, in certain situations, social relations regarding the person’s health or the inviolability of the dwelling. Clear delimitation of the legal object and the material object ensures predictability in the application of penalties and facilitates the realization of the principle of legality in cri-minal law.
Copyright (c) 2026 Alexandru NEGOIȚĂ, Victoria OJOG (Author) https://creativecommons.org/licenses/by/4.0
EVIDENCE-BASED CRIME PREVENTION: INTERNATIONAL STANDARDS AND COMPARATIVE GOOD PRACTICES
This article examines the international normative framework and comparative good practices underpinning evidence-based crime prevention. Over the past two decades, crime prevention has evolved from a predominantly reactive, enforcement-centred activity into a multidimensional field of public governance that integrates strategic analysis, criminal intelligence, human rights safeguards, and cross-sectoral cooperation. The study first reconstructs the common normative basis developed by the United Nations, INTERPOL, Europol, CEPOL, the OSCE, the Council of Europe, and the OECD, highlighting their shared emphasis on prevention, interagency coordination, accountability, and the responsible use of emerging technologies. It then analyses five national models — Sweden, the Netherlands, the United Kingdom, Estonia, and Canada — selected to illustrate differing degrees of institutional maturity within both unitary and federal systems. The comparative analysis reveals a marked convergence around several core attributes: clear legislative mandates, shared responsibility between central and local authorities, systematic use of data and evaluation, and meaningful community participation. The article concludes that the effectiveness and sustainability of crime prevention depend less on the form of government than on the coherence of institutions, the quality of available data, and the capacity of public authorities to generate, interpret, and apply knowledge throughout the policy cycle. The findings offer a comparative benchmark relevant to reforming national prevention frameworks.
Copyright (c) 2026 Alexandru MOLCEAN (Autor) https://creativecommons.org/licenses/by/4.0
Reflections on subjects carrying out the special investigation activity
This article is devoted to the research field of special investigative activity and has as its object of study the subjects who perform this kind of activity. The purpose of this study is to determine and analyze through the lens of specialized literature and the national legal framework the issue regarding the subjects that perform the special investigative activity. In the work, different concepts of the subjects that carry out the special investigative activity are exposed and analyzed, and the author’s own visions regarding this research subject are exposed. The final conclusion, focused on the current legislative provisions of the Republic of Moldova, is that the notion of „subject of special investigative activity” is not identified with that of „subject carrying out special investigative activity” nor with that of „subject carrying out special investigative measures”, the first notion, having a broader content, includes the last ones. The only subject who carries out special investigative measures is the investigating officer.
Copyright (c) 2022 Boris Glavan (Author) https://creativecommons.org/licenses/by/4.0
Crimes and atrocities committed by Soviet represe sovietice pe teritoriul RSSM (cazul Savcenco-Mațenco, anul 1949)
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.
Copyright (c) 2023 Simion Carp (Author) https://creativecommons.org/licenses/by/4.0
Iillicit drug trafficking: criminology trends and threats to the security of the population
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.
Copyright (c) 2023 Iurie Larii, Marian Nucu (Author) https://creativecommons.org/licenses/by/4.0
Investigating the crimes of communism. Negligence in Office, Abandonment in Situations of Danger, and Other Offences Committed by Representatives of the Authorities of the Moldavian SSR during the Natural Disasters of the Summer of 1948 (autori/ authors:
Lucrarea semnată de cercetătorii Simion Carp și Ruslan Condrat reprezintă o contribuție științifică importantă la investigarea crimelor regimului comunist și la analiza responsabilității juridice a autorităților sovietice în contextul unor situații de criză socială și umanitară. Studiul este consacrat unui subiect de mare relevanță pentru istoria contemporană a spațiului dintre Prut și Nistru, și anume examinarea faptelor ce pot fi încadrate juridic drept neglijență în serviciu, lăsare în primejdie și alte infracțiuni comise de reprezentanții autorităților RSSM în timpul calamităților naturale din vara anului 1948. Importanța temei abordate derivă atât din dimensiunea istorică a evenimentelor analizate, cât și din perspectiva juridică pe care autorii o propun asupra acestora. Calamitățile naturale din vara anului 1948 au provocat distrugeri considerabile în mai multe localități din RSSM, afectând infrastructura, gospodăriile populației și, nu în ultimul rând, securitatea și viața oamenilor. În acest context dramatic, reacția autorităților sovietice și modul în care acestea și-au îndeplinit atribuțiile legale constituie un subiect de interes major pentru cercetarea științifică. Autorii își propun să analizeze nu doar consecințele calamităților, ci și responsabilitatea funcționarilor și instituțiilor statului care aveau obligația de a interveni pentru prevenirea sau limitarea pierderilor umane și materiale. Lucrarea se remarcă prin caracterul său interdisciplinar, îmbinând analiza istorică cu cea juridică. Autorii reușesc să ofere o perspectivă complexă asupra evenimentelor din anul 1948, utilizând atât metode specifice cercetării istorice, cât și instrumente conceptuale și analitice proprii dreptului penal. Această abordare permite o interpretare mai profundă a comportamentului autorităților sovietice și evidențierea modului în care anumite acțiuni sau inacțiuni ale reprezentanților statului pot fi analizate prin prisma normelor juridice.
Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
Use of the Results of Special Investigative Measures in the Investigation of Corruption Offences Committed by Public Officials with Special Status
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.
Modification of the legal framework governing the offense under article 155 of the Criminal Code from the perspective of international legislative practice
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 RomanianGerman, 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.
Forensic versions in the investigation of crimes committed by organised criminal groups: particularities of formulation and verification
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.
The victim of the production or putting into circulation of counterfeit currency or counterfeit securities
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.
Illicit arms trafficking in the context of the russo-ukrainian war. Implications for the Republic of Moldova
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 regio.
Characteristics of medical-legal expertise in the investigation of negligence crimes committed during the provision of medical care in the field of dentistry and aesthetic medicine
Studiul examinează particularitățile expertizei medico-legale în investigarea infracțiunilor din neglijența asociat acordării asistenței medicale în stomatologie și medicina estetică. Actualitatea temei este determinată de creșterea intervențiilor ambulatorii și de extinderea procedurilor estetice, care sporesc riscul litigiilor și dificultatea delimitării dintre riscul medical acceptabil, complicațiile inevitabile și deficiențele de îngrijire. Scopul cercetării constă în identificarea sarcinilor specifice și a punctelor vulnerabile ale expertizei medico-legale în aceste domenii, precum și în formularea unor repere pentru stabilirea corecta a legăturii de cauzalitate. Metodologia include analiza cadrului normativ național, jurisprudența Curții Europene a Drepturilor Omului și literatura clinică privind complicațiile stomatologice și estetice. Rezultatele evidențiază rolul central al documentației medicale, al trasabilității dispozitivelor și al consimțământului informat în fundamentarea concluziilor expertului.
Educația ca premisă a accesului la asistență juridică în mediul penitenciar
Problema accesului persoanelor condamnate la asistență juridică garantată de stat rămâne una sensibilă, mai ales în condițiile specifice mediului penitenciar. Deși acest drept este recunoscut la nivel normativ, în practică el este adesea dificil de exercitat din cauza izolării instituționale, a limitării accesului la informație și a nivelului scăzut de informare juridică. În acest context, educația persoanelor private de libertate capătă o semnificație care depășește cadrul clasic al resocializării. Scopul prezentului studiu este de a analiza educația condamnaților ca premisă reală a accesului la asistență juridică și, implicit, la justiție. Analiza se bazează pe standarde internaționale, lucrări doctrinare și exemple de practică judiciară, evidențiind discrepanța dintre recunoașterea formală a dreptului la asistență juridică și posibilitatea efectivă de utilizare a acestuia în penitenciare. Rezultatele cercetării arată că, în lipsa unui nivel minim de educație și de informare juridică, asistența juridică riscă să rămână un mecanism formal, greu accesibil și insuficient valorificat de beneficiari. Din perspectivă teoretică și practică, concluziile susțin necesitatea integrării educației și a informării juridice în structura mecanismelor de acces la justiție destinate persoanelor condamnate.
Classification of forensic expertise as a means of employing specialized knowledge
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.
Incitement to hatred and war propaganda within the framework of patriotic youth education in the Russian Federation
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.
Tax aspects of property transfer through inheritance in romanian law
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.
Judicial expertise and technical-scientific or forensic medical assessments – means of specialized knowledge employing
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 technicalscientific 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.