Infracţiunea de separatism în legislaţia penală a Republicii Moldova – premisele incriminării şi caracterizarea elementelor constitutive
The crime of separatism in the criminal legislation of the Republic of Moldova - the premises of criminalization and the characterization of the constitutive elements

Author(s): Radion Cojocaru
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Society, Public Law, Labor relations, Penal Policy, Peace and Conflict Studies
Published by: Editura Universitară
Keywords: criminal offence; criminal liability; criminal penalty; secession; separatism; constituent elements
Summary/Abstract: Separatism represents one of the most complex problems faced by the young countries that appeared on the world map after the collapse of the USSR, creating serious impediments to their development as independent and sovereign states. The establishment of criminal liability for the crime of separatism in the criminal legislation of the Republic of Moldova has generated multiple discussions and contradictory reactions on a national and international level. In this work, the author approaches separatism from the perspective of the science of criminal law by highlighting the socio-political premises that substantiated the necessity of the legislator’s intervention in the sense of criminalizing the phenomenon in the criminal law. At the same time, the constitutive elements of the crime of separatism are characterized through the interpretation of the incriminating headquarters located in art. 3401 of the Criminal Code of the Republic of Moldova, indispensable condition for a good understanding and application of the rule in strict accordance with the legality of the crime.

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