Elucidarea conţinutului obiectului juridic în procesul de încadrare a infracţiunilor
Elucidation of the content of the legal object in the process of crime's classification
Author(s): Radion Cojocaru, George-Marius ŢicalSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: criminal offence; misbehavior; legal framework; legal object; social values; social relations; criminal protection;
Summary/Abstract: The application of the criminal law in strict congruence with the principle of the legality of incrimination is undoubtedly conditioned by the process of legal categorization of crimes, which allows the placement of prejudicial acts committed in the pattern of the criminal law. In turn, the legal classification of the offense (qualification of the offence), as defined by art. 113 of the Criminal Code, must be based on the finding of an exact correspondence between the signs of the prejudicial act and the signs of a concrete component of the crime described by the criminal law. In this study, the procedures for elucidating one of the key elements of the composition of the crime - the legal object of the crime - are addressed. Finally, some procedures and rules were substantiated based on which the interpreter of the criminal law could determine the signs that characterize this objective element of the composition of the crime.As a priority, this study is addressed to students of law faculties from different study cycles, which in the context of learning the elements of legal framing of crimes will be able to deepen their knowledge in the matter.
Journal: Legea şi Viaţa
- Issue Year: 3/2022
- Issue No: 3
- Page Range: 30-42
- Page Count: 13
- Language: Romanian