LATURA OBIECTIVĂ A INFRACȚIUNII DE ÎMBOGĂȚIRE ILICITĂ: DEFICIENȚE DE APLICABILITATE

Abstract

The topicality and importance of the objective side of the crime of illicit enrichment is regulated by the conditions required by the criminal law for the existence of the act of criminal behavior, which is a fundamental condition for the application of criminal liability. However, we will analyze the issue of the objective side of the crimes attached to art. 3302 "Illicit enrichment" of the Criminal Code. This is because they have replaced the means of fighting corruption in the public sector. However, after this clarification, he deduces that: the objective side of the illicit enrichment present in art.3302 CP RM is transformed into the prejudicial act expressed in the action of possession of the goods if their value substantially exceeds the acquired means and was found, based on evidence that they could not be obtained illegally. In general, in the process of formulating the content of the crime of illicit enrichment, the legislator had the opportunity to plead between two different approaches. He could define prohibited conduct as an omission or as an action.