DELIMITAREA JURIDICO-PENALĂ A TRĂDĂRII DE PATRIE DE INFRACȚIUNEA DIVULGĂRII SECRETULUI DE STAT

Abstract

The generic object of the crime of treason and the crime of state secret disclosure is the social relations regarding the normal activity of public authorities and state security. The crimes of treason and state secret disclosure are among the most serious criminal acts against the state, which endanger the country's external and internal security. In order to apply and interpret the criminal policy correctly and uniformly in relation to these acts that endanger the state's security, it is necessary to conduct a comprehensive analysis of the criminal policy regarding the distinction between treason and the crime of state secret disclosure. The distinction between the crime of treason, provided for in Article 337 of the Criminal Code of the Republic of Moldova, and the crime of state secret disclosure, provided for in Article 344 of the Criminal Code of the Republic of Moldova, shall be made through the prism of the comparative analysis of the objective and subjective signs that characterize them as a whole.