7
ANNOTATION
Kryzhanowsky Sergiu, „Theoretical and practical aspects of blackmail”.
PhD thesis as specialty 12.00.08 – Penal Law (Penal Law), Chişinău, 2012
Thesis structure: Introduction, 3 chapters, general conclusions and recommendations,
bibliography of 227 titles, 2 appendices, 186 basic text pages. The basic ideas and results are
published in 9 scientific papers.
Keywords: blackmail, theft by extortion, threat of violence, defamatory facts, matrimonial
demand, recieving of
demanded things, damaging or destruction of another’s property.
The domain of study: The study performed by the author takes a part from the domain of
the Special Criminal Law.
The purpose of the PhD thesis: solving of the problems of criminal liability for the
offense provided in the article 189 of the Criminal Code of the Republic of Moldova; formu-
lating of several useful recommendations in order to improve the incriminatory basis for extor-
tion; establishing of original approach by means of creating arguments for the better theoretical
understanding of blackmail and for improvement of judicial decisions; performing of scientific
research in order to make efficient the judicial practice in the sphere of applying of the
corpus
delicti provided by the art.189 CC RM and, at last, creation of compatibility of the penal reme-
dies with the requirements of criminal policy at the European level.
The objectives: to determine the legal nature of the crime of blackmail and displaying
reasons for it’s criminalization, criminal and legal analyzing of the objective and subjective
elements of the criminal offense; as well as scientific examination of the aggravating circum-
stances defined under the article 189 of the Criminal Code of the Republic of Moldova; scientific
research of judicial practice in the field of blackmail, interpretation of criminal law and
identification of specific causes of judicial mistakes committed during the judicial trials of the
persons charged with the crime of blackmail etc.
The scientific novelty and originality of the obtained results consists from the author’s
attempt
to
investigate the integral complexity of criminal liability for the blackmail, provided in
the art.189 Criminal Code of the Republic of Moldova. It is to be mentioned that we based our
investigation on a systematic approach of legal provisions of blackmail as well as judicial
practice of their application, through Case law and doctrinal views held in the literature. Thanks
to the three-dimensional approach applied inside the research we solved the current scientific
problem regarding the obvious mismatch arising from the formal and material concept of the
term „blackmail”
and of the need to ensure consistency of legal standards and not at least
optimazing the regulatory framework in the field, related to requirements imposed by the
principle of legality of criminal offenses.
The theoretical importance and practical value of the work: it is notable that the
conclusions and recommendations formulated in the work allow significant optimization of the
applicability of the article 189 Criminal Code of the Republic of Moldova in agreement with the
contemporary penal policy, which can be implemented in the regulation and practical activity of
law enforcement authorities.
The implementation of the scientific results finds its manifestation in training of
students, masters, graduates from institutions of higher education of juridical specialization, but
also candidates for
judge and prosecutor functions, from the National Institute of Justice.
8
LISTA ABREVIERILOR
alin. – alineat
art.
– articol
cet. – cetăţean
pct.
– punct
mun. – municipiu
n.a.
– nota autorului
nr.
– număr
or.
– oraş
CEDO – Curtea Europeană a Drepturilor Omului
CP RM – Codul penal al Republicii Moldova de la 18.04.2002
CP RM din 1961 – Codul penal al Republicii Moldova de la 24.03.1961
CP FR – Codul penal al Federaţiei Ruse
CPP RM – Codul de procedură penală al
Republicii Moldova
CSI – Comunitatea Statelor Independente
CSJ RM – Curtea Supremă de Justiţie a Republicii Moldova