Violarea principiului proporţionalităţii incriminării în Codul penal al Republicii Moldova
Violation of the principle of proportionality of criminalization in the Criminal Code of the Republic of Moldova

Summary/Abstract: The object of the present study is the understanding of the notions of „incrimination” and „proportionality of incrimination”. Also, the two facets of the principle of proportionality of incrimination are analyzed: the principle of protection of legal interests and the ultima ratio principle. The following are the most relevant examples of violations by the Moldovan legislator of the principle of protection of legal interests and the ultima ratio principle. It is concluded that the dynamics of the development of social relations obliges the legislator to combine the processes of criminalization and decriminalization of acts. Only a balanced use of these criminal policy instruments can ensure the effective protection of the most important social values, without admitting the disproportionate restriction of the exercise of certain rights or freedoms.

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