Poziționarea falsurilor puse în circulație în sistemul componențelor de infracțiuni prevăzute la art. 236 din Codulul Penal [Articol]

Abstract

The offenses, which are provided by the art. 236 of the Criminal Code of the Republic of Moldova, have a material object not only in the presence of the normative modality of production (which assumes that a material entity undergoes changes in content), but also in the presence of the normative modality of putting into circulation (which does not assume such changes). In the case of the analyzed offenses, the infringement upon the legal object is initially performed through the authentic monetary signs or securities, which relate to the material object of social relations protected by the art. 236 of the Criminal Code of the Republic of Moldova. Upon initiating the criminal activity, the perpetrator determines that these entities become counterfeit monetary signs or securities, which relate to the material object of the offenses provided by the art. 236 of the Criminal Code of the Republic of Moldova. In the case of the analyzed offenses, counterfeit monetary signs or securities do not represent an influencing factor and, therefore, do not relate to the objective side of an offense.