THE (IM)MATERIAL OBJECT OF ILLICIT ENRICHMENT ACCORDING TO ART. 330 CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA
THE (IM)MATERIAL OBJECT OF ILLICIT ENRICHMENT ACCORDING TO ART. 330 CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA

Author(s): Petru Vîrlan
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, International Law, Human Rights and Humanitarian Law
Published by: CEEOLPRESS
Keywords: illicit enrichment; illicit income; wealth declaration; unjustified wealth; disproportionate wealth; presumption of innocence; reversal of the burden of probation; corruption; “substantially exceeds”;
Summary/Abstract: Offenses outlined in Article 3302 of the Criminal Code of the Republic of Moldova fall within the category of criminal acts that, in a unique way, impact the proper conduct of activities in the public sphere. Through these rules, the legislator forbids, subject to penalties, the enrichment of the public agent through actions that generate illicit income. A pivotal issue currently under substantial debate revolves around the compatibility of illicit enrichment with human rights principles and concerns regarding the perceived reversal of the burden of proof. Insights from several states that have successfully addressed challenges related to the criminalization of illicit enrichment can be examined and harmonized with the existing legislative framework. Moreover, the definition and analysis of the material object of the crime of illicit enrichment consists in the material entity on which the direct criminal act is directed, through which the legal object of the crime is affected; thus, we can elude the framework of application of this criminalization rule.

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