Reguli privind sancționarea penală a tentativei de infracțiune
Rules on criminal sanctioning of attempted crime
Author(s): Albert Antoci, Petru PopescuSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: criminal intent; unconsummated crime; consummated crime; perpetrator; punishment; crime preparation;
Summary/Abstract: The issue related to the application of punishment for attempted crime, both in doctrine and in practice, is quite complicated, controversial, containing multiple interpretations. For the unconsummated crime, the national legislator included two elements of it in the criminal code: the attempted crime and the preparation of the crime, for separate offenses and establishing the limit of punishment that can be applied. Although it did not reach its final goal, the crime was not consummated, the social danger resulting from the attempted crime is lower than for the consummated crime, this does not mean that the perpetrator will be freed from the criminal penalty, it will still be applied, and therefore precisely how the degree of guilt of the person will be assessed, and constitutes the object of discussion of the present scientific endeavor.
Journal: Legea şi Viaţa
- Issue Year: 1/2023
- Issue No: 2
- Page Range: 82-86
- Page Count: 5
- Language: Romanian