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The questions of the penal responsibility for the crimes related to narcotic and psychotropic substances, theirs analogs and precursors traffic


Author: Igor Hadârcă
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Year:2007
Scientific adviser: Sergiu Brînză
doctor habilitat, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 26 October, 2007
Approved by NCAA on the 20 December, 2007

Abstract

Adobe PDF document – 0.92 Mb / in romanian

Thesis

CZU 343.575

Adobe PDF document 1.18 Mb / in romanian
222 pages

Keywords

narcotics, narcotic drugs, narcotic substances, psychotropic substances, analogs, precursors, illegal circulation, traffic, narcotism, narcomania

Summary

Thesis in question is dedicated to the plenary scientific investigation of the questions of the penal responsibility for the crimes related to narcotic and psychotropic substances, theirs analogs and precursors traffic. For that purpose, dissertational research is based on rather broad audience of references and given to the judicial opinion, combining, thus, the theory with law activity related to the crimes in question. On the grounds of the logical, historical and comparative methods, the crimes, provided for by articles 217, 2171-2176, 218 and 219 of Criminal Code of the Republic of Moldova, are researched as a phenomenon of legal reality.

Thus, there was used a plenty of normative sources and learned works of our and foreign authors as well. As a result of the carried out research work, the author demonstrated the juridical essence of the crimes related to narcotic and psychotropic substances, theirs analogs and precursors traffic. Also, there was dislosed the contents and the essence of the constituent elements of those crimes.

In the first chapter of dissertation, is carried out a complete terminological study of notions applied on sphere of narcotic and psychotropic substances, theirs analogs and precursors traffic. Also, the author analyses the compatibility between international norms regulating narcotics and precursors traffic and similar internal norms. In purpose of reception of positive legislative experience, is carried out a complex analysis of the crimes related to narcotic and psychotropic substances, theirs analogs and precursors traffic in their comparative aspect.

In the second chapter of this work, are investigated the questions of juridical qualification of the crimes provided for by articles 217, 2171-2176, 218 and 219 of Criminal Code of the Republic of Moldova. It offers the possibility to form different suggestions and conclusions, considered to be obligatory for our penal doctrine.

In the third chapter, are analysed the problems related crimes cumulus and norms concurrence in the case of crimes provided for by articles 217, 2171-2176, 218 and 219 of Criminal Code of the Republic of Moldova. Also, the author identifies the demarcation criteria for those deeds and similar administrative contraventions.