Law and Life
type: channel
description: „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 February 24, 2023, the journal was included in the list of scientific publications from the Republic of Moldova accredited to type C in the Legal Sciences profile.
publisher: Academy „Ştefan cel Mare” of the Ministry of Internal Affairs of the Republic of Moldova
language: en
publication name: Law and Life
issn: 2587-4365
items: https://ojs.lux.md/legea-si-viata/en/article/view/63
items: Use of the Results of Special Investigative Measures in the Investigation of Corruption Offences Committed by Public Officials with Special Status
items: Modification of the legal framework governing the offense under article 155 of the Criminal Code from the perspective of international legislative practice
items: Forensic versions in the investigation of crimes committed by organised criminal groups: particularities of formulation and verification
items: The victim of the production or putting into circulation of counterfeit currency or counterfeit securities
items: Illicit arms trafficking in the context of the russo-ukrainian war. Implications for the Republic of Moldova
items: 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
items: Educația ca premisă a accesului la asistență juridică în mediul penitenciar
items: Classification of forensic expertise as a means of employing specialized knowledge
items: Incitement to hatred and war propaganda within the framework of patriotic youth education in the Russian Federation
items: Tax aspects of property transfer through inheritance in romanian law
items: Judicial expertise and technical-scientific or forensic medical assessments – means of specialized knowledge employing
items: 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 I)
items: Institutionalization of children in conflict with the law: problems and perspectives
items: The possibility of initiating actions against public law legal entities
items: Incitement, inducement or facilitation of online sexual services: legal classification issues and prospective solutions
items: The psychological development of law students: the role of the educational process at the „Ștefan cel Mare” Academy of the Ministry of Internal Affairs
items: Capitalizing on the differentiated special training of students of the "Ștefan cel Mare" Academy of the Ministry of Internal Affairs
items: The manifestation of the phenomenon of lobbying in the United States of America and European countries
items: Extension of protection in employment relationships (Italy experience)
items: Dimensiunile securității ecologice în era schimbărilor climatice: strategii, cadre instituționale și implicări politice pentru R. Moldova și vecinătatea UE
items: Procedure for exemption from criminal liability with imposition of contraventional liability
items: What does “resolution of a contravention case” mean?
items: Division of common property of former spouses – between possibility left at the discretion of the co-spouses and obligation
items: Forgeries in the documents of the soviet authorities: the case of I.K. Zakharov and the implications for collective memory
items: Principiul prezumției de nevinovăție în sistemul principiilor fundamentale ale dreptului și în reglementările internaționale
items: Some particularities of on-site research in the investigation of the crime of murder and its forms
items: Commitment to a psychiatric institution based on article 490 of the criminal procedure code
items: The beginnings of the principle of criminal legality – ancient law
items: Circumstances surrounding corruption offenses committed by public officials with special status

https://ojs.lux.md/legea-si-viata/en/article/view/63
type: item
title: 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:
description: 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.
subject: REVIEWS
  topic: section
creator: Iurie Larii
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-21
publication date: 2026-05-21
starting page: 186
ending page: 188

Use of the Results of Special Investigative Measures in the Investigation of Corruption Offences Committed by Public Officials with Special Status
type: item
description: 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.
subject: STUDIES AND COMMENTARY
  topic: section
subject: corruption
  topic: keywords
subject: public official with special status
  topic: keywords
subject: special investigative measures
  topic: keywords
subject: evidence
  topic: keywords
subject: criminal proceedings
  topic: keywords
subject: forensic investigation
  topic: keywords
creator: Eugeniu Sevciuc
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-21
publication date: 2026-05-21
starting page: 173
ending page: 185

Modification of the legal framework governing the offense under article 155 of the Criminal Code from the perspective of international legislative practice
type: item
description: 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 individ…
subject: STUDIES AND COMMENTARY
  topic: section
subject: threat
  topic: keywords
subject: murder
  topic: keywords
subject: bodily integrity
  topic: keywords
subject: life
  topic: keywords
subject: health
  topic: keywords
subject: guilt
  topic: keywords
subject: crime victim
  topic: keywords
subject: sentencing individualization
  topic: keywords
subject: participation in a criminal group
  topic: keywords
subject: criminal organization
  topic: keywords
creator: Nicolae Scafari
creator: Andrei Harbuz
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-21
publication date: 2026-05-21
starting page: 158
ending page: 172

Forensic versions in the investigation of crimes committed by organised criminal groups: particularities of formulation and verification
type: item
description: 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.
subject: STUDIES AND COMMENTARY
  topic: section
subject: forensic versions
  topic: keywords
subject: organised criminal groups
  topic: keywords
subject: typical criminal prosecution situations
  topic: keywords
subject: criminal proceedings planning
  topic: keywords
subject: special investigative methods
  topic: keywords
creator: Ion Botnari
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-21
publication date: 2026-05-21
starting page: 144
ending page: 157

The victim of the production or putting into circulation of counterfeit currency or counterfeit securities
type: item
description: 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.
subject: STUDIES AND COMMENTARY
  topic: section
subject: emitent
  topic: keywords
subject: production
  topic: keywords
subject: deceived person
  topic: keywords
subject: putting into circulation
  topic: keywords
subject: social relation
  topic: keywords
subject: passivesubject
  topic: keywords
subject: victim
  topic: keywords
creator: Carmen Rosca
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-21
publication date: 2026-05-21
starting page: 130
ending page: 143

Illicit arms trafficking in the context of the russo-ukrainian war. Implications for the Republic of Moldova
type: item
description: 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 illi…
subject: STUDIES AND COMMENTARY
  topic: section
subject: arms trafficking
  topic: keywords
subject: Security
  topic: keywords
subject: Russo-Ukrainian war
  topic: keywords
subject: Republic of Moldova
  topic: keywords
subject: small arms
  topic: keywords
subject: armed conflict
  topic: keywords
creator: Dmitrii Ciolac
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-21
publication date: 2026-05-21
starting page: 116
ending page: 129

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
type: item
description: 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.
subject: STUDIES AND COMMENTARY
  topic: section
subject: forensic medical examination
  topic: keywords
subject: negligent offences in medical practice
  topic: keywords
subject: dental care
  topic: keywords
subject: aesthetic medicine
  topic: keywords
subject: defect in the provision of medical care
  topic: keywords
creator: Constantin Pisarenco
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-21
publication date: 2026-05-21
starting page: 102
ending page: 115

Educația ca premisă a accesului la asistență juridică în mediul penitenciar
type: item
description: 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.
subject: STUDIES AND COMMENTARY
  topic: section
subject: persoane condamnate
  topic: keywords
subject: dreptul la educaţie
  topic: keywords
subject: asistenţă juridică
  topic: keywords
subject: acces la justiţie
  topic: keywords
subject: informare juridică
  topic: keywords
subject: sistem penitenciar
  topic: keywords
creator: Svetlana Gheorghieva
creator: Vadim Sukhov
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-21
publication date: 2026-05-21
starting page: 91
ending page: 101

Classification of forensic expertise as a means of employing specialized knowledge
type: item
description: 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…
subject: STUDIES AND COMMENTARY
  topic: section
subject: forensic expertise
  topic: keywords
subject: commission-based forensic expertise
  topic: keywords
subject: complex forensic expertise
  topic: keywords
subject: repeated forensic expertise
  topic: keywords
subject: specialized knowledge
  topic: keywords
subject: evidentiary procedure
  topic: keywords
subject: scientific and practicalactivity
  topic: keywords
subject: forensic expert
  topic: keywords
subject: taking of evidence
  topic: keywords
subject: expert report
  topic: keywords
creator: Artiom Pilat
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-20
publication date: 2026-05-20
starting page: 78
ending page: 90

Incitement to hatred and war propaganda within the framework of patriotic youth education in the Russian Federation
type: item
description: 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.
subject: STUDIES AND COMMENTARY
  topic: section
subject: military-patriotic education
  topic: keywords
subject: War propaganda
  topic: keywords
subject: educational institutions
  topic: keywords
subject: promotionof militarism
  topic: keywords
subject: the Russian Federation
  topic: keywords
creator: Simion Carp
creator: Elena Carp
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-20
publication date: 2026-05-20
starting page: 51
ending page: 77

Tax aspects of property transfer through inheritance in romanian law
type: item
description: 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.
subject: STUDIES AND COMMENTARY
  topic: section
subject: succession
  topic: keywords
subject: estate
  topic: keywords
subject: inheritance
  topic: keywords
subject: transfer of assets
  topic: keywords
subject: rights and succession obligations
  topic: keywords
creator: Gabriela Nemtoi
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-20
publication date: 2026-05-20
starting page: 35
ending page: 50

Judicial expertise and technical-scientific or forensic medical assessments – means of specialized knowledge employing
type: item
description: 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 fin…
subject: STUDIES AND COMMENTARY
  topic: section
subject: technical-scientific finding
  topic: keywords
subject: forensic medical finding
  topic: keywords
subject: judicial expertise
  topic: keywords
subject: authority ordering the expertise
  topic: keywords
subject: judicial expert
  topic: keywords
subject: specialist
  topic: keywords
subject: finding report
  topic: keywords
subject: expert report
  topic: keywords
subject: means of evidence
  topic: keywords
subject: specialized knowledge
  topic: keywords
creator: Sofia Pilat
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-20
publication date: 2026-05-20
starting page: 23
ending page: 34

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 I)
type: item
description: This article, in its first part, conducts a rigorous analysis of the degree of compatibility between the criminal law of the Republic of Moldova and the requirements of Directive (EU) 2019/713 of the European Parliament and of the Council of 17 April 2019 on combating fraud and counterfeiting related to non-cash means of payment and replacing Council Framework Decision 2001/413/JHA. The authors examine the definitions of key concepts such as “non-cash means of payment”, “digital means of exchange”, “protected device, object or record”, “virtual currency” and “information system” highlighting both legislative convergences and existing gaps. The study emphasizes that, although certain provisions of the Criminal Code of the Republic of Moldova faithfully reflect European requirements, areas of ambiguity or incompatibility persist, especially regarding the definition of technical terms and the criminalization of certain acts. De lege ferenda proposals are formulated for the complete harmonization of the national regulatory framework with European standards, underlining the necessity for clarity and predictability of criminal norms. The analysis stands out through its comparative and systemic approach, providing a solid basis for continuing the legislative alignment process and for strengthening the tools for preventing and combating cyber and financial crime in the context of the European integration of the Republic of Moldova. Furthermore, the paper underscores the importance of continuously adapting national legislation to the dynamics of modern criminal phenomena, marked by digitalization and globalization. The authors argue that a faithful transposition of Directive (EU) 2019/713 is not merely a formal obligation, but a strategic necessity for ensuring legal security and the effective protection of fundamental social values. By identifying the strengths and vulnerabilities of the current regulatory framework, the article outlines clear directions for future legislat…
subject: STUDIES AND COMMENTARY
  topic: section
subject: legislative harmonization
  topic: keywords
subject: the Criminal Code of the Republic of Moldova
  topic: keywords
subject: counterfeiting
  topic: keywords
subject: cybercrime
  topic: keywords
subject: Directive (EU) 2019/713
  topic: keywords
subject: fraud
  topic: keywords
subject: lege ferenda
  topic: keywords
subject: non-cash means of payment
  topic: keywords
subject: virtual currency
  topic: keywords
subject: information system
  topic: keywords
creator: Serghei Brinza
creator: Vitalie Stati
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-20
publication date: 2026-05-20
starting page: 8
ending page: 22

Institutionalization of children in conflict with the law: problems and perspectives
type: item
description: The institutionalization of children in the Republic of Moldova is a phenomenon with a long history, shaped by various social, economic, and political factors. Despite progress in the field of child protection, state-run institutions for children remain a reality for many who face abandonment or family separation. Institutionalization refers to the process by which children who cannot be cared for by their parents are placed in protective institutions such as orphanages or placement centers. Since the 2000s, the Republic of Moldova has implemented several reforms aimed at reducing the number of institutionalized children and promoting alternatives more favorable to their development. Authorities have sought to improve child protection legislation and encourage familybased placements such as adoption, kinship care, or foster care. At the same time, training programs for staff working in protective institutions have been implemented to improve the quality of care provided to children. One of the most important reform programs has been the promotion of alternative care and the support of families in difficulty. By developing support services for families, such as parental counseling, financial assistance, and educational programs, efforts have been made to prevent child-family separation. In addition, day centers have been established for children from vulnerable environments so that they can remain with their families while still receiving education and support.
subject: STUDIES AND COMMENTARY
  topic: section
subject: family
  topic: keywords
subject: children
  topic: keywords
subject: institutionalization
  topic: keywords
subject: problems
  topic: keywords
subject: perspectives
  topic: keywords
creator: Ion Rotaru
creator: Valentina Russu
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-19
publication date: 2026-05-19
starting page: 263
ending page: 278

The possibility of initiating actions against public law legal entities
type: item
description: The paper provides an in-depth analysis of the issue of initiating actions against legal entities under public law, treated as a fundamental pillar of the rule of law and effective judicial protection. At the core of the analysis lies the principle that no entity, regardless of rank or legal status, stands above the law — a principle enshrined in the supremacy of law, the separation of powers, and the constitutional right of citizens to an effective remedy. The study examines the constitutional and international foundations of access to justice, including relevant case law, as well as the provisions of the Administrative Code that determine the jurisdiction of courts in reviewing the legality of acts and actions of public authorities. Legal entities under public law — such as central and local public administration authorities, public institutions, autonomous administrations, and other entities vested with public authority powers — manage public assets and provide services of general interest. These very prerogatives can create imbalances in relations with private individuals, making it necessary to establish clear and efficient procedural mechanisms to restore legality. The paper details the types of actions possible against such entities and identifies practical limitations, such as immunities, restrictive time limits, and jurisdictional conflicts between civil courts and administrative litigation courts.
subject: STUDIES AND COMMENTARY
  topic: section
subject: legal entity
  topic: keywords
subject: public law
  topic: keywords
subject: general interest
  topic: keywords
subject: legality control
  topic: keywords
subject: access to justice
  topic: keywords
subject: protectionof fundamental rights
  topic: keywords
subject: administrative litigation
  topic: keywords
creator: Ghenadie Preţivatîi
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-19
publication date: 2026-05-19
starting page: 248
ending page: 262

Incitement, inducement or facilitation of online sexual services: legal classification issues and prospective solutions
type: item
description: The legal classification of an act represents the cornerstone of the criminal process, since all subsequent stages depend on its accuracy. Acts of incitement, inducement or facilitation of sexual services carried out through information technologies and electronic communications have, in practice, generated significant difficulties in legal classification. Prior to the introduction of Article 220¹ into the Criminal Code of the Republic of Moldova, such acts were classified inconsistently, in many instances they were treated as forms of pimping under Article 220 of the Criminal Code, while in other cases they were qualified as the production and dissemination of pornographic materials pursuant to Article 90 of the Contravention Code. Thus, in order to harmonize national legislation with new realities, the Criminal Code was supplemented with Article 220¹, formulated as follows: „the incitement, inducement or facilitation of providing sexual services online”, witch encompasses three basic offence variants and two aggravated offence variants.
subject: STUDIES AND COMMENTARY
  topic: section
subject: Criminal Code
  topic: keywords
subject: legal classification
  topic: keywords
subject: online sexual services
  topic: keywords
subject: incitement
  topic: keywords
subject: inducement
  topic: keywords
subject: facilitation
  topic: keywords
creator: Dan Furculita
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-19
publication date: 2026-05-19
starting page: 235
ending page: 247

The psychological development of law students: the role of the educational process at the „Ștefan cel Mare” Academy of the Ministry of Internal Affairs
type: item
description: Psychological adaptation and personal development of students during academic training are essential for professional preparation within law enforcement structures. Periodic assessment of cognitive abilities, personality traits, and vocational interests enables monitoring of individual progress and analysis of the educational process's impact. Training at the “Ștefan cel Mare” Academy of the Ministry of Internal Affairs involves a complex pathway that combines theoretical instruction with practical training, aiming to develop a professional profile aligned with the requirements of the internal affairs system. Given the demanding nature of careers in this field, continuous evaluation of how academic training influences key psychological dimensions related to performance is necessary. For MAI personnel, the development of strong cognitive skills, a balanced personality, and clear professional motivation is crucial—qualities that can be nurtured through a well-structured educational process. Periodic psychological evaluations provide an integrated perspective on students' progress and the effectiveness of educational interventions. The present study proposes a comparative analysis of the psychological profile of students from the 2025 graduating class, based on results obtained during their first year of study and at the end of the undergraduate cycle. The focus is on identifying changes in cognitive abilities, personality traits, and vocational interests, in order to assess the impact of academic training on students' personal and professional development. The results may serve as a basis for potential curricular adjustments or training strategies, contributing to the optimization of the educational process and the professional development of future specialists in the field of internal affairs.
subject: STUDIES AND COMMENTARY
  topic: section
subject: cognitive abilities
  topic: keywords
subject: personality traits
  topic: keywords
subject: vocational interests
  topic: keywords
subject: Ministry of Internal Affairs
  topic: keywords
subject: students of the
  topic: keywords
creator: Vica Anton
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-19
publication date: 2026-05-19
starting page: 216
ending page: 234

Capitalizing on the differentiated special training of students of the "Ștefan cel Mare" Academy of the Ministry of Internal Affairs
type: item
description: This paper addresses the issue of enhancing differentiated specific physical training among the students of the “Stefan cel Mare” Academy of the Ministry of Internal Affairs (MAI), through the systematic integration and use of combat disciplines within the instructional and educational process. In a context where the demands of the policing profession are becoming increasingly complex and diverse, and students' individual characteristics are increasingly heterogeneous, it is necessary to reconsider the strategies for training, developing, and assessing psychomotor abilities in accordance with the specific requirements of the future profession. A differentiated approach to motor training allows for the adaptation of methods and tools to the students’ physical development levels, thereby promoting the optimization of performance among MAI Academy students. From a contemporary perspective, combat sports and martial arts are not merely complementary forms of training, but serve as genuine pedagogical and operational tools. They contribute significantly to the development of basic motor qualities (strength, speed, endurance, coordination, flexibility), as well as psychomotor competencies essential in the fields of physical education and sport (self-control, fighting spirit, decision-making under pressure, resilience).
subject: STUDIES AND COMMENTARY
  topic: section
subject: special physical training
  topic: keywords
subject: Differentiated training
  topic: keywords
subject: Combat sports
  topic: keywords
subject: martial arts
  topic: keywords
subject: instructional strategy
  topic: keywords
subject: competitive activity
  topic: keywords
creator: Ivan Gheorghiu
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-19
publication date: 2026-05-19
starting page: 204
ending page: 215

The manifestation of the phenomenon of lobbying in the United States of America and European countries
type: item
description: In the United States, lobbying involves the paid activity in which special interests hire professional lawyers with well-established connections to rule on specific legislation in decisionmaking bodies. There is therefore clearly an interdependent cycle here regarding lobbying and its regulations, which progress and become more rigid as the loopholes exploited by lobbyists are discovered, as well as the ratification of amendments in cases of serious deviations from the law, which have caused notorious litigation. At the same time, the European Union prefers to give greater importance to social dialogue and the transparency of decision-making of its institutions, in order to protect them from potentially unfavorable influences that would not respect open, free and equal competition in terms of influencing legislative decision-making processes. On the other hand, in the case of Russia and the Republic of Moldova, being an activity, probably, latent in the legal systems of the respective countries, the aspect of lobbying remains rudimentary, as neither exhaustive regulatory laws, nor codes of conduct or transparency registers have been developed. Finally, accountability, transparency, responsiveness and fairness – are four fundamental principles with the ability to shape a fair regulation of lobbying, based on the premises that a lawmaking process designed around these principles should aim to increase general trust in the decision-making process and democratic institutions and improve the quality of decisions overall
subject: STUDIES AND COMMENTARY
  topic: section
subject: lobbying
  topic: keywords
subject: lobbyists
  topic: keywords
subject: lobby
  topic: keywords
subject: legislative
  topic: keywords
subject: interests
  topic: keywords
subject: influence
  topic: keywords
subject: states
  topic: keywords
creator: Veronica Arnaut
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-19
publication date: 2026-05-19
starting page: 181
ending page: 203

Extension of protection in employment relationships (Italy experience)
type: item
description: The aim of this scientific paper is to provide an analysis of current employment policies, specifically describing the distinction between active and passive policies and comparing European and national legislation. These policies aim to promote the economy, social cohesion and territorial cohesion. We intend to provide an overview of policies aimed at stimulating employment policies and protecting workers at each stage of the employment relationship, taking into account both the country's economic growth and social policy. An important aspect is to explore how the European Union intends to promote social progress and improve the living and working conditions of the European population. The scientific results of the research will contribute to the shaping of common objectives for employment policy, with the aim of creating new high-quality jobs and reducing unemployment. Thus, the analysis of Italy's good practices in the field of employment policy highlights numerous measures, programs and public interventions aimed at regulating the labor market, increasing employability, facilitating job placement and providing income support to those facing difficulties.
subject: STUDIES AND COMMENTARY
  topic: section
subject: labor policies
  topic: keywords
subject: social policies
  topic: keywords
subject: employees
  topic: keywords
subject: employers
  topic: keywords
subject: social progress
  topic: keywords
creator: Liliana Creanga
creator: Mariana Golovatii
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-19
publication date: 2026-05-19
starting page: 165
ending page: 180

Dimensiunile securității ecologice în era schimbărilor climatice: strategii, cadre instituționale și implicări politice pentru R. Moldova și vecinătatea UE
type: item
description: In an era of unprecedented climate change, ecological security has emerged as a critical dimension of human, national, and regional security. This paper examines the complex interplay between environmental degradation, climate variability, and socio-political vulnerabilities in Moldova and the broader EU neighborhood, with a focus on transboundary resource management and policy responses. Aim: By integrating scenario-based planning, adaptive governance frameworks, and ecological peacebuilding strategies, the study demonstrates how climate-induced ecological stress functions as a “threat multiplier,” exacerbating water scarcity, agricultural disruption, energy insecurity, and socio-political tensions. The Dniester River Basin case study exemplifies the urgent challenges of managing shared water resources under uncertain climate trajectories, highlighting the need for multi-level governance, predictive monitoring, and community engagement. Methodology: Comparative analyses of Moldova, Eastern Partnership countries, and EU member states reveal both governance gaps and opportunities for proactive, coordinated policy. The paper argues that effective ecological security requires not only technical solutions but a moral and strategic commitment to human well-being, social resilience, and regional cooperation. Discussions and results: Ultimately, it contends that the failure to integrate ecological considerations into national and regional security frameworks risks cascading crises, whereas anticipatory, collaborative, and human-centered strategies can transform vulnerability into resilience, forging a pathway toward sustainable peace and prosperity in the face of accelerating environmental change.
subject: STUDIES AND COMMENTARY
  topic: section
subject: ecological security
  topic: keywords
subject: climate change
  topic: keywords
subject: transboundary resource management
  topic: keywords
subject: adaptive governance
  topic: keywords
creator: Luminita Diaconu
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-19
publication date: 2026-05-19
starting page: 144
ending page: 164

Procedure for exemption from criminal liability with imposition of contraventional liability
type: item
description: The procedure for releasing from criminal liability with holding to contravention liability is at the intersection of two branches of law, namely criminal law and contravention law, and norms from both branches of law are applied to it. Criminal law includes the provisions that establish the grounds and conditions for release from criminal liability, and contravention law includes the categories of sanctions applied. Also, the respective procedure clearly denotes the connection that exists between these two branches of law when for committing a crime the person is held liable for a misdemeanor, by the essence of the prejudicial act. Or, the connection between crime and misdemeanor is obvious, the difference being between the degree of social danger and the consequences that occur when one or the other is committed. Decriminalization and offering certain individuals the opportunity to avoid criminal punishment represents a guarantee, in addition, that the deviant behavior they have had and which does not present an increased degree of social danger has been made aware of and understood, and the person’s correction is possible without being subjected to criminal punishment. The misdemeanor sanction is lighter and does not have such categorical legal consequences on the person as in the case of criminal punishment (deprivation of liberty, criminal record, cancellation of certain rights, etc.). Even if it is not a general legislative decriminalization, by moving the illicit act from the criminal sphere to the minor offence, this is an individual procedure, linked to the personality of the perpetrator (personalized) and the act committed, which must meet certain conditions. The role and impact of this procedure on the criminal phenomenon in order to reduce it has been discussed for a long time, but in order to be able to make an objective and equidistant assessment, we must understand the very essence of this mechanism, but also the shortcomings that are encountered when…
subject: STUDIES AND COMMENTARY
  topic: section
subject: release from criminal liability
  topic: keywords
subject: criminal punishment
  topic: keywords
subject: misdemeanor sanction
  topic: keywords
subject: prosecutor
  topic: keywords
subject: Court of law
  topic: keywords
creator: Ianus Erhan
creator: Stanislav Reaboi
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-19
publication date: 2026-05-19
starting page: 130
ending page: 143

What does “resolution of a contravention case” mean?
type: item
description: The effectiveness of counteracting contraventions and ensuring the rule of law in contravention proceedings largely depends on the Moldovan legislator’s use of correct and uniform terminology, as well as on the scientific development of the concepts and terms contained in the norms of contravention legislation. The issue of improving legislation through correct and uniform terminology is an old one; however, neither the doctrine of contravention law nor the legislator gives it the attention it deserves. The subject of contravention terminology is studied well below expectations. Therefore, in this work, the main focus is the Contravention Code of the Republic of Moldova, seen as an object of research. Despite its numerous advantages over the former contravention legislation and the many amendments over the years, unfortunately, it still suffers from several shortcomings including those related to the terminology used. The lack of investigations and studies in the field of specialized languages, including legal ones, the absence of consensus on various aspects of this area, the insufficient study of contravention terminology, the need to describe certain terms in this field, and to compile an inventory of the current contravention terminology all reflect the importance of the topic I chose to investigate in this paper. The greatest difficulty in contravention terminology is posed by the phrase “resolution of a contravention case”, which, in its essence and procedural dimension, implies various meanings. This violates all legislative drafting rules and creates significant difficulties in the application of contravention norms. The use of a single term to define multiple relationships and conversely, using multiple terms to describe the same legal relationship can create confusion even for a specialist, especially for a beginner in the legal field. Indeed, the terms used in contravention law, like those in other legal domains, must be unambiguous and clearly defined. I…
subject: STUDIES AND COMMENTARY
  topic: section
subject: contravention
  topic: keywords
subject: resolution of a contravention case
  topic: keywords
subject: contravention process
  topic: keywords
subject: specialized terminology
  topic: keywords
subject: contravention code
  topic: keywords
subject: authority of finding
  topic: keywords
subject: authority of examination
  topic: keywords
subject: stages (phases)of the contravention process
  topic: keywords
creator: Stefan Stamatin
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-19
publication date: 2026-05-19
starting page: 117
ending page: 129

Division of common property of former spouses – between possibility left at the discretion of the co-spouses and obligation
type: item
description: The division of joint property is an aspect of divorce in terms of property which, in the event of the omission of the limitation period established by the legislator, risks imposing on the former spouses the management of the joint property for the entire duration of their existence. In these circumstances, it is important that the interested parties are aware of this term and seek appropriate legal advice, in order not to lose the opportunity to claim their right to division. However, practice shows that often the parties, after the dissolution of the marriage, avoid resorting to division of property for various personal and financial reasons, while the legislator, by establishing a limitation period, forces the interested parties to an active approach in managing the division, without waiting for the expiration of the term and subsequent complications during the division. Thus, the purpose of this paper focuses on identifying alternative solutions to cases of omission of the prescription period required for the division of joint property after divorce, in order to avoid impunity for jointly using assets that have not been divided within the 3-year period from the divorce. On the other hand, it would be unfair to oblige the parties by law to resort to division within a certain period, but also to impose former spouses to use the jointly undivided assets after divorce, which is still not the most inspired decision. Under such conditions, we see ourselves obliged to intervene through research in order to identify optimal solutions that would favor both subjects who, in fact, had to act within a reasonable period to decide the fate of the assets after divorce.
subject: STUDIES AND COMMENTARY
  topic: section
subject: divorce
  topic: keywords
subject: joint property
  topic: keywords
subject: division
  topic: keywords
subject: property right
  topic: keywords
subject: prescription period
  topic: keywords
creator: Grigore Ardelean
creator: Antonela Crudu
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-19
publication date: 2026-05-19
starting page: 107
ending page: 116

Forgeries in the documents of the soviet authorities: the case of I.K. Zakharov and the implications for collective memory
type: item
description: The article examines the case of Lieutenant Major, Ivan Konstantinovich Zakharov, Hero of the Soviet Union, presented by Soviet propaganda as a soldier who fell in battles against Ukrainian nationalists in 1947. The analysis of archival sources, the press of the time and commemorative materials demonstrates the existence of biographical forgeries and manipulations aimed at reinforcing the heroic mythology of the totalitarian communist regime. The study highlights the way, Soviet authorities used lies, concealing crimes and mystifying the past to shape collective memory and serve political objectives. The conclusion of the research emphasizes the need to confront the past and expose historical falsehoods, in order to consolidate authentic democratic values in the Republic of Moldova.
subject: STUDIES AND COMMENTARY
  topic: section
subject: historical falsehood
  topic: keywords
subject: Hero of the Soviet Union
  topic: keywords
subject: I. K. Zakharov
  topic: keywords
subject: Soviet propaganda
  topic: keywords
subject: collective memory
  topic: keywords
subject: political myth
  topic: keywords
subject: totalitarian communist regime
  topic: keywords
creator: Simion Carp
creator: Dianu Gordila
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-19
publication date: 2026-05-19
starting page: 92
ending page: 106

Principiul prezumției de nevinovăție în sistemul principiilor fundamentale ale dreptului și în reglementările internaționale
type: item
description: Articolul analizează comprehensiv principiul prezumției de nevinovăție, abordat atât ca drept subiectiv fundamental, cât și ca garanție procesuală indispensabilă unui proces penal echitabil. Cercetarea evidențiază fundamentele istorice și teoretice ale acestui principiu, precum și consacrarea sa în cadrul documentelor internaționale relevante – în special Convenția Europeană a Drepturilor Omului și Directiva (UE) 2016/343 – și în legislația națională a Republicii Moldova. În acest context, este examinată substanța normativă și jurisprudențială a prezumției de nevinovăție, cu accentul pus pe implicațiile acesteia asupra sarcinii probei, aplicării standardului in dubio pro reo, respectării dreptului la tăcere și a privilegiului împotriva autoincriminării. Totodată, cercetarea analizează incidența principiului în fazele procesului penal, precum și impactul discursului public al autorităților asupra imaginii de nevinovăție a persoanei acuzate.
subject: STUDIES AND COMMENTARY
  topic: section
subject: presumption of innocence
  topic: keywords
subject: procedural guarantee
  topic: keywords
subject: fair trial
  topic: keywords
subject: burden of proof
  topic: keywords
subject: rightto silence
  topic: keywords
creator: Vitalie Jitariuc
creator: Iulia Bria
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-19
publication date: 2026-05-19
starting page: 59
ending page: 91

Some particularities of on-site research in the investigation of the crime of murder and its forms
type: item
description: This paper examines certain specific aspects of the crime scene investigation in homicide cases and their various manifestations, emphasizing the importance of this procedural action in substantiating the evidentiary framework. The primary objective is to highlight the role of the crime scene examination as a fundamental evidentiary means for identifying, preserving, and utilizing crime traces with a view to establishing the judicial truth. The authors analyze the operational structure of the investigation—comprising the preparatory stage, the execution stage (including the static and dynamic phases), tactical procedures (circular, linear, sector-based), as well as the documentation of the action through the official investigation report, crime scene sketch, forensic photographs, and video recordings. The study explores the applicability of this evidentiary procedure depending on the modus operandi of the offense: homicide committed with sharp instruments, firearms, asphyxiation, drowning, poisoning, dismemberment, electrocution, arson, traffic incidents, or fatal falls from height. In each of these scenarios, the crime scene investigation requires tactical and technical adjustments based on the nature of the physical traces, the condition of the body, and the specific circumstances of the case. The study provides practical recommendations aimed at enhancing the effectiveness of prosecutorial activities and minimizing judicial errors, while also emphasizing the necessity of interprofessional cooperation between the criminal investigation officer, the forensic specialist, and the forensic pathologist. The conclusions reaffirm the unrepeatable, urgent, and indispensable character of the crime scene investigation in homicide cases, identifying it as one of the most effective procedures in achieving the overarching goal of criminal proceedings—the establishment of truth.
subject: STUDIES AND COMMENTARY
  topic: section
subject: crime scene investigation
  topic: keywords
subject: homicide
  topic: keywords
subject: forensic tactics
  topic: keywords
subject: evidentiary procedure
  topic: keywords
subject: criminal prosecution
  topic: keywords
creator: Constantin Rusnac
creator: Felicia Vîrlan
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-19
publication date: 2026-05-19
starting page: 42
ending page: 58

Commitment to a psychiatric institution based on article 490 of the criminal procedure code
type: item
description: Hospitalization in a psychiatric institution is a security measure regulated by Article 490 of the Criminal Procedure Code, the practical applicability of which reveals several insurmountable deficiencies. The vulnerability of the normative framework regarding the named legal institution has been pointed out both by certain authors individually and by non-governmental organizations, as well as by state institutions whose duties involve the direct execution of court orders for the hospitalization of individuals with mental disorders in psychiatric institutions. The failure to address these legislative gaps could affect fundamental human rights and freedoms autoand, in the long term, lead to the Republic of Moldova being condemned by the European Court of Human Rights (ECHR). As long as the practice of applying Article 490 of the Criminal Procedure Code remains highly inconsistent, the risk of bearing potentially negative consequences is present both for state employees (Police, Prosecutor’s Office, Courts, Public Health Institutions, etc.) and for the defendant, their family members, and/ or society as a whole. The outcome of the study includes several recommendations and proposals which implementation is compulsory for both the interpretation and the correct application of the analyzed security measure.
subject: STUDIES AND COMMENTARY
  topic: section
subject: hospitalization
  topic: keywords
subject: psychiatric institution
  topic: keywords
subject: right to liberty
  topic: keywords
subject: security measure
  topic: keywords
subject: coercivemeasure
  topic: keywords
creator: Andrei Cazacicov
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-19
publication date: 2026-05-19
starting page: 24
ending page: 41

The beginnings of the principle of criminal legality – ancient law
type: item
description: The article offers an extensive historical analysis of the emergence and development of the principle of criminal legality, examined in relation to the legal, political, and philosophical context of antiquity. The research aims to identify the original features of criminal legality shaped by the institutionalization of written penal norms, which implicitly led to the recognition that only a pre-existing and general norm can legitimize the imposition of a criminal sanction. Through its interdisciplinary character and its balance between historical inquiry and philosophical reflection, the study strengthens the axiological dimension of legality, reaffirming the universal value of law as an expression of order, freedom, and justice. By analyzing ancient sources as well as contemporary interpretative scholarship, the study highlights that the principle of criminal legality is not an exclusively modern creation, but rather a constant of juridical thought. The purpose of the research lies in demonstrating that, from the earliest eras, legality was conceived as an instrument of reason and social balance. The paper thus contributes to a universal understanding of the origin and function of the principle of criminal legality, offering a broad historical perspective on the ways in which legal rationality came to constitute one of the foundations of civilization. The study was developed within the framework of advanced learning in criminal law, as part of the course Methods and Scientific Research Tools of Criminal Law, taught at the Doctoral School “Criminal Sciences and Public Law” of the “Ștefan cel Mare” Academy. At the same time, the article represents a research outcome carried out within the individual research program of the doctoral project entitled The Principle of Legality in Criminal Law.
subject: STUDIES AND COMMENTARY
  topic: section
subject: criminal law
  topic: keywords
subject: antiquity
  topic: keywords
subject: legality
  topic: keywords
subject: criminal statute
  topic: keywords
subject: offence
  topic: keywords
subject: punishment
  topic: keywords
creator: Radion Cojocaru
creator: George-Marius Tical
creator: Ana-Maria Gherman-Grimailo
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-19
publication date: 2026-05-19
starting page: 8
ending page: 23

Circumstances surrounding corruption offenses committed by public officials with special status
type: item
description: The paper analyzes the circumstances surrounding corruption offenses committed by public officials with special status, emphasizing the decisive role of spatial, temporal, and relational variables in shaping the criminal mechanism. The study demonstrates that location, timing, mode of interaction, and relational structure are not merely contextual details but expressions of the offender’s tactical rationality, aimed at environmental control, reduction of visibility, and limitation of evidentiary risks. Based on the analysis of judicial practice, several constant trends emerge: a preference for controllable environments—offices and vehicles accounting for approximately 67% of cases—, the predominance of working hours as the time frame of occurrence (around 61%), and the prevalence of occasional relationships (59%), coupled with the predominance of individual commission. These regularities provide investigative bodies with a predictive framework for identifying and correlating material, digital, documentary, and communication traces. The article proposes an integrated approach in which the analysis of circumstances becomes a methodological instrument for optimizing tactical planning and increasing the efficiency of evidentiary processes in institutional corruption cases, thereby contributing to the consolidation of modern forensic methodology in the field of anti-corruption investigations.
subject: STUDIES AND COMMENTARY
  topic: section
subject: corruption
  topic: keywords
subject: public official with special status
  topic: keywords
subject: circumstances of the act
  topic: keywords
subject: forensic characteristics
  topic: keywords
subject: spatio-temporal analysis
  topic: keywords
subject: criminal mechanism
  topic: keywords
subject: corruptive relations
  topic: keywords
creator: Eugeniu Sevciuc
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-05-19
publication date: 2026-05-19
starting page: 244
ending page: 260