Hooliganism committed with application of violence against persons or with the threat of such violence application: doctrinal treatments and lex-ferenda proposals Cover Image

Huliganismul săvârşit cu aplicarea violenţei asupra persoanelor sau cu ameninţarea aplicării unei asemenea violenţe: tratări doctrinare şi propuneri de lege-ferenda
Hooliganism committed with application of violence against persons or with the threat of such violence application: doctrinal treatments and lex-ferenda proposals

Author(s): Valentin Chiriţa, Vitalie Tihon
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: hooliganism; public order; violation of public order; bodily integrity; violence; threat; harm;

Summary/Abstract: By its nature, the offence of hooliganism refers to the category of criminal offences, the qualification of which presents major complexities for practical workers. This is due to the existence in the content of the basic composition of art. 287 of the Criminal Code of some estimated signs that result from the violation degree of public order assessment, as well as from fairly wide tunnels of violence applied to victims.The social danger of the act also arises from the fact that serious crimes against the life and health of the person and those against the heritage often follow the offence in question. At first glance, the structure of the objective side of the crime provided by art. 287 of the Criminal Code is quite simple, having as a mandatory sign the criminal deed, which violates public order or is characterized by a special insolence. However, by examining the given element of the crime composition, we find that, in essence, the harmful act consists of several normative modalities of an alternative nature, two of which will be the object of study of the respective scientific endeavor.Therefore, despite the multiple changes to the legal-criminal norm on hooliganism, serious controversy persists in the criminal doctrine to determine the social-legal essence and assess the constitutive signs of the given crime composition.

  • Issue Year: 1/2023
  • Issue No: 17
  • Page Range: 84-96
  • Page Count: 13
  • Language: English, Romanian