UNELE PARTICULARITĂŢI ALE CIRCUMSTANŢELOR AGRAVANTE PREVĂZUTE LA ART. 371 ALIN. (2), (3) CODUL PENAL AL REPUBLICII MOLDOVA
SOME PARTICULARITIES OF THE AGGRAVATING CIRCUMSTANCES PROVIDED FOR IN ART. 371 PARA. (2), (3) CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA

Summary/Abstract: Researching the legal nature of the aggravating circumstances of desertion crimes, provided for in art. 371 para. (2)(3) The Criminal Code of the Republic of Moldova constitutes one of the most difficult, and at the same time, the most interesting topic for a scientific study. The aggravating circumstances, which can be found in the Criminal Code of the Republic of Moldova, represent those states, situations, circumstances, qualities, other facts of reality, external to the content of the crime, previous, concurrent or subsequent to the commission of the crime, which are related to the criminal act or the criminal and which reflect a higher gravity of the act or a greater dangerousness of the criminal. At the same time, aggravating circumstances have an accidental character. In this article, the legal nature of the aggravating circumstances that the criminal legislation of the Republic of Moldova, as well as the criminal legislation of other countries, attribute to the general criteria for establishing or individualizing the punishment is investigated. From the analysis of the criminal legislation, it is observed that the importance of the investigated circumstances is attributed to the establishment of the punishment, having an important role in the qualification of the prejudicial matter. In the same way, in this article, the opinions of specialists will be examined regarding the definition of the targeted notions. As a result, I can conclude that the investigated circumstances influence both differentiation and individualization of criminal responsibility and punishment.

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