Modificarile recente a conceptului „starea de neputinta a victimei” in doctrina si legislatia penala a Republicii Moldova
Recent changes of the concept of „the victim’s helplessness state” in the penal doctrine and legislation of the Republic of Moldova

Summary/Abstract: First of all, the author establishes the basic concept of the disability state. So, disabilities are an umbrella term, covering impairments, activity limitations, and participation restrictions. An impairment is a problem in body function or structure; an activity limitation is a difficulty encountered by an individual in executing a task or action; while a participation restriction is a problem experienced by an individual in involvement in life situations. Thus disability is a complex phenomenon, reflecting an interaction between features of a person’s body and features of the society in which he or she lives. An individual may also qualify as disabled if he/she has had an impairment in the past or is seen as disabled based on a personal or group standard or norm. Such impairments may include physical, sensory, and cognitive or developmental disabilities. Mental disorders (also known as psychiatric or psychosocial disability) and various types of chronic disease may also be considered qualifying disabilities. A disability may occur during a person's lifetime or may be present from birth. A physical impairment is any disability which limits the physical function of limbs or fine or gross motor ability. The great importance for the criminal doctrine of the Republic of Moldova represents an aggravating circumstance which is reflected as in General, both in Special Part of the Criminal Code, talking about “a minor under fourteen years of age, a person whose particular vulnerability, due to age, sickness or disability, or to any psychic or psychical deficiency or to a state of pregnancy, is apparent or known to the perpetrator”. Also, the criminal doctrine existed in this sphere was analysed. Finally, some useful conclusions were proposed.

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