Unele aspecte privind latura obiectivă a infracţiunii de folosire ilicită a subsolului (art. 2281 CP RM) [Articol]

Abstract

Crimes that harm the environment include a wide range of illegal acts that cause harmful consequences to the environment, some of which are irreversible. The illicit use of the subsoil falls within the conceptual sphere of crimes that affect the environment. Therefore, the continuous evolution of social relations has made necessary to intervene in Chapter IX of the Criminal Code of the Republic of Moldova, through Law no. 136 of June 6, 2024, amending certain normative acts, while one of the essential innovation being the introduction of Article 2281 in the Criminal Code – „Illicit use of the subsoil”. This study provides both clarifications and questions regarding the objective side of the offense provided in Article 2281 of the Criminal Code of the Republic of Moldova, specifically the harmful act, which has a complex structure consisting of main and ancillary actions. Additionally, the complementary nature of extra-criminal regulations concerning the use of the subsoil plays an essential role in analyzing the provisions, as well as in attempting to establish the authentic meaning of certain provisions within the norm provided in Article 2281 of the Criminal Code of the Republic of Moldova.