Some Reflections on the Subjective Side of the Illegal Detention or Illegal Arrest Cover Image

Unele reflecții asupra laturii subiective a infracțiunii de reținere ilegală sau arestare ilegală
Some Reflections on the Subjective Side of the Illegal Detention or Illegal Arrest

Author(s): Mihail Sorbala
Subject(s): Criminal Law
Published by: Universitatea Liberă Internațională din Moldova
Keywords: detention; preventive arrest; criminal prosecution body; criminal liability; criminal law; guilt;

Summary/Abstract: The execution of justice, as a social value, defended by the incriminations of chapter XIV of the Criminal Code „Offenses against justice“, must be understood in the broadest acceptance of this notion. This broad meaning, in relation to the criminal defense, includes the complex of functions, through which the justice is performed, that is to say the various functional activities, characteristic of the work of achieving justice. In order to determine the criminal character of the illegal detention, it is necessary to examine in detail all its elements and signs, fixed in the disposition of the article 308, Criminal Code of the Republic of Moldova, which characterizes the respective composition as criminal offense. In this article we focus on examining the subjective side of the crime of illegal detention or arrest.

  • Issue Year: 2018
  • Issue No: 3-4
  • Page Range: 127-131
  • Page Count: 5
  • Language: Romanian
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