Constrângerea în contextul infracţiunii de muncă forţată (art. 168 din Codul Penal) [Articol]

Abstract

Coercion refers to influencing a person in such a way that they are deprived of the ability to direct their actions. In this way, the perpetrator aims to impose a specific behavior on the victim, without considering their will. In this way, the perpetrator limits the victim's freedom of choice and causes him to commit an unwanted action or inaction, which denotes the negative impact of coercion on the victim's autonomy to direct his actions. In the case of the crime provided for in art. 168 of the Criminal Code of the Republic of Moldova, the list of forms of coercion is open. Physical coercion constitutes such an influence on the victim's body, as a result of which the victim is deprived of the ability to direct his actions. Mental coercion represents such influence on the psyche of the victim, as a result of which he is deprived of the ability to direct his actions. The coercion, exercised on the victim of the crime provided for in art. 168 of the Criminal Code of the Republic of Moldova, can only have an illegal character. The illegality of the coercion, exercised on the victim, is established by referring to the extra- criminal reference regulations.