Individual Case Study

Criminal offence material side

Petru Mitu

(I)

The Research Aim: To analyze the criminal case in material competence To extract the elements of the crime To solve this case by your own without taking in count the courts decision To recommend foreign legislation/doctrine/reference related to this case To take proper conclusions on this case To avoid the procedural competence

(II)

Key Words: Major Police Hostile Relations Attack Average Injuries Victim Medical Expertise Inappropriate behavior Hooliganism Social rules infringement State Abuse

(IV) Brief story and analysis

Ruslan Muzicant Anatoly was found guilty and sentenced to the fact that on 02 nd of December 2009, around 22.00 ,with the rank of major police and acting in the capacity of Chief of Traffic Police city Ocnia ,while he was in Chisinau located on V.Alecsandri street has applied several blows with fists and feet over various parts of Rusanovschi Olgas body, causing several injuries graduated as Average Injuries , evaluated by medical expertise .He also, on 02 December 2009 at around 24.00, showing lack of respect and respect for others, by the requirement of Mrzenco Tatiana tenant of the same block on V.Alecsandri street, demonstratively and with contemptuous behavior has not stopped the hooligan action , and in a loud voice called Rusanovschi Olga with uncensored words, clearly violating social and moral rules of coexistence, continuing to strike the last over different parts of the body. The injury means the prejudice to health by disrupting the integrity of anatomical tissues or organs and their functions, caused by the action of various external agents: mechanical, physical, chemical, biological and psychological. The offender commit the crime with an action of several attacks towards the victim , the result of these attacks caused injuries , therefore the causation can be qualified the victims injuries as a result of several attacks coming from the offender . The crime was committed with intention because of hostile relationship between parties, in order to end the quarrel that was present at the moment of the crime , and to provoke fear to the current victim .For such a crime , the court found him guilty and imprison him for 1 year. In the Criminal Code of Republic of Moldova art.152 (1) for Intentional average injury is punishable with sentence till 5 years imprisonment .The Civil Court decided to force the offender to pay the prejudice cause to the victim according to the medical examination and the bill for healing the damages .

(IV) Recommendations:

To modify the punishment , to increase the sentence in order to prevent any future infringements .Statistics show that the numbers of crime related to crimes against humans life and integrity are increased by 40% last 3 years. To punish the public servants disciplinary , to discourage other servants from committing other crimes , that might let them think they are allowed because they have an authority . In common law , public servants are the example of freedom and insurance for peoples safety. To take in count the proportionality between the one who attacks and the one who cannot defend himself , as in this case the woman could not help herself because of physical training. To insert jury trials in order to make the legal system more efficient.

(II)

General Conclusions :

The Current criminal code is not working efficiently , either the society is not afraid of consequences and still offences are committed , or the public authorities are not competitive to prevent these kind of illegal actions, or people must be reeducated and be thought to not tolerate immoral acts . Public authorities are holding in their hands a power which persuade them to think that they have unlimited force that can lead to commit future crimes . The fact that they are the law let encourage them to be less responsible for the acts that are done , hoping for release from any kinds of liability . In fact this is an abuse of servants functions , and this leads to mistrust towards the keepers of right and justice from the society . For public authorities should be drafted additional acts mentioning a disciplinary punishment , these kind of actions coming from a public servant will encourage his colleges , future officers , other authorities that could ruins the legal system, causing fear to society. The trial face to judge is not a perfect way to make justice in society , judge is a human as well but he treats people who are simple citizens as 100% guilty , he is already prepared the sentence for the accused entity. But in the same way , the judge tries to acquit his colleges , or at least to minimize the punishment as much as possible .

(V) Bibliography : Criminal Code of Republic of Moldova Criminal Code of State of Florida Criminal Code of United Kingdom Criminal Code of State of Washington D.C. Substantive Criminal Law Girla L. Drept Penal Partea Generala Mihai Adrian Hotca Criminal Law General Part Glanvile Williams Regulamentul de apreciere medico-legale a gravitatii vatamarii corporale
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