The Essential Features of the Criminal Offence A Comparative Study The Republic of Moldova and Romania
Keywords:
extreme social value, social danger, liability for criminal punishmentAbstract
The importance of criminal law is given by the urgent need to defend the essential values of the society on which it is based. Within these values a decisive place is occupied by the man regarded as the supreme social value; he must benefit from criminal protection in all its attributes: life, bodily integrity, health, physical and mental liberty, sexual inviolability, dignity, inviolability of home and correspondence. All the acts, actions or inactions which violate all the values mentioned above through their content are called criminal offences.
According to what is presented further, we will carry out a comparative study between the legislation of the Republic of Moldova and that of Romania, regarding the essential features of the criminal offence as they are listed and described in the legislations of both countries. We express our opinion concerning the four essential features of the criminal offence: social danger, illegality, guilt, liability for criminal punishment.
References
Karpov, T., Florea, K. (1976). Crime notions and cases for applying criminal punishment, Chișinău;
Macari, I. (2002). Criminal Law of the Republic of Moldova. The general part, Chişinău;
Toader, D. (2005). Romanian Criminal Law. Course notes, Bucureşti.
Legislation
Law no 15/21.06.1968, Criminal Code of Romania, http://www.cdep.ro/pls/legis/legis_pck.htp_act_text?idt=31092;
The Criminal Code of the Republic of Moldova no. 985, April 18th, 2002, published in April 14th, 2009 in Official Journal of the Republic of Moldova, no.72 -74, article 195, modified by Criminal Law 165/ 10.09.2020, Official Journal 259 - 266/ 09.10.2020, article 547 valid from November 9th,2020, https://www.legis.md/cautare/getResults?doc_id=123534&lang=ro#;
Law no. 286/2009, Criminal Code of Romania, published in Official Journal, Part I no 510/24.07.2009. http://legislatie.just.ro/Public/DetaliiDocument/109855;
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