Modalități normative și faptice a infracţiunii de exces de putere sau depăşire a atribuţiilor de serviciu în legislaţia penală a Republicii Moldova [art. 328 alin. (1) CP al RM]
Normative and factual modalities of the crime of excess of power or exceeding of the service duties in the criminal legislation of the Republic of Moldova [art. 328 paragraph (1) of the Criminal Code of the Republic of Moldova]
Author(s): Radion Cojocaru, Vladimir PuicaSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: excess of power; overcoming of duties; public person; person in charge; civil servant;
Summary/Abstract: The present study analyzes, the normative and factual modalities of the crime of excess of power or of exceeding the attributions of service in the criminal law of the Republic of Moldova, which contribute to deciphering the signs of the objective side. The judicial practice demonstrates the erroneous application by the practice of applying art. 328 Penal Code, in the part that also aims at the assessment and interpretation of the normative and factual modalities of the crime of excess of power or of exceeding the attributions of service in the criminal law, and for the removal of these possible ambiguities in the process of applying art. 328 Penal Code, the advancement of the law to be carried is self-imposed.
- Issue Year: 1/2023
- Issue No: 17
- Page Range: 34-47
- Page Count: 14
- Language: English, Romanian