Juxtapunerea legii penale interne a Republicii Moldova la prevederile Conventiei Europene pentru Apararea Drepturilor Omului si la jurisprudenta CED
Juxtaposition of the moldavian criminal law to the provisions of the European Convention for the protection of human rights and to the jurisprudence o

Summary/Abstract: Republic of Moldova is one of the countries that have to improve the national framework in order to harmonize the local provisions with international treaties Moldova is part at. Of course, national criminal law is one of the law branches that have its specific. The Criminal Code provisions are different from country to country, but in the same time, the cooperation between states for fighting against criminality and preventing various forms and types of crimes is the main point in establishment of efficient state penal policy and in promoting the human rights protection on national or international levels. In this context, one of the main goals of the criminal law is to protect the main social values including life and health of the person. The right to life as a fundamental constitutional right of the citizens has to be protected not only by constitutional norms but by the criminal law provisions as well. In order to assure the protection of human’s life the Moldovan legislator introduced in the Criminal Code special types of crimes called crimes against life of the person. However, the definition of the right to life is very discussed in the criminal law theory with reference to national and European jurisprudence. European Convention for Protection of Human Rights is an important source of the law in Republic of Moldova that is why the provisions of this convention should be applied even if the national legislation contains different provisions. The analysis of art.2 and 3 from ECHR is important not only for determination of specifics terms used by the convention and applied in national law, but as well for distinguishing certain crimes and qualification of illegal acts.

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