ACTIONS WHICH DISORGANIZE THE ACTIVITY OF THE PENITENTIARIES IN SETTLEMENT OF THE REPUBLIC OF MOLDOVA PENAL LAW. THE ANALYSIS OF COMPARATIVE LAW Cover Image

ACTIUNILE CARE DEZORGANIZEAZA ACTIVITATEA PENITENCIARELOR IN REGLEMENTAREA LEGII PENALE A REPUBLICII MOLDOVA. ANALIZA DE DREPT COMPARAT
ACTIONS WHICH DISORGANIZE THE ACTIVITY OF THE PENITENTIARIES IN SETTLEMENT OF THE REPUBLIC OF MOLDOVA PENAL LAW. THE ANALYSIS OF COMPARATIVE LAW

Author(s): Vlad MANEA
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: the comparative method; penitentiary; prison; sentenced; detained; assault; riot; violence; threat; public safety.

Summary/Abstract: In this study, are analyzed the views of the foreign legislatures on the conception of victim, subject, approaches of actions of disorganization the penitentiary activity. But above all, there are analyzed the legislatures view on the conception of the juridical generic object of those actions. Namely, of it generic identity profile. It’s concluded that only one of the analyzed foreign regulatory models (the Albanian model) is based on the same conception of the juridical generic object of the actions of disorganization the penitentiary activity, as the conception promoted by the Moldavian legislature. Several others examined foreign regulatory models are based on the conception of protection of the order of administration against actions which disorganize penitentiary activity. Several such models are based on the conception of protection of justice against the respective acts. Finally, the Maltese and Romanian regulatory models are distinguished by their eclecticism and disparity, based on an approach qualitatively different from the one implemented in the Moldavian penal law.

  • Issue Year: V/2010
  • Issue No: Special
  • Page Range: 47-61
  • Page Count: 15
  • Language: Romanian