Structura laturii obiective a infracțiunilor prevăzute la art. 3261 din Codul penal [Articol]

Abstract

Conflict of interest may be qualified according to art. 327 of the Criminal Code of the Republic of Moldova only if it is not qualified according to art. 3261 of the Criminal Code of the Republic of Moldova. Although art. 3261 of the Criminal Code of the Republic of Moldova represents a special norm compared to art. 327 of the Criminal Code of the Republic of Moldova, the structure of the objective side in the offenses stipulated by these two articles is not identical. The prejudicial act is the sole constitutive element of the objective side of the offenses stipulated in art. 3261 of the Criminal Code of the Republic of Moldova. From the moment this act is committed, the offenses stipulated in art. 3261 of the Criminal Code of the Republic of Moldova are considered consummated. The direct or indirect acquisition of a patrimonial advantage whose value exceeds 10,000 conventional units constitutes the moment of exhaustion of the offenses stipulated in art. 3261 of the Criminal Code of the Republic of Moldova.