Răspunderea penală pentru constrângerea de a face declarații

Abstract

Conduct of a deeper examination of such a crime as coercion to making declarations, as specified by article 309 of the Criminal Code, as well as in making certain proposals de lege ferenda aimed to increase the efficiency of the legal framework incriminating the coercion to making declarations. The following objectives have been pointed out in order to achieve this goal: identifying the place of coercion to making declarations within the range of crimes against justice; carrying on legal analysis of the essential elements of the crime stipulated by article 309 of the Criminal Code; identifying all special subjects of the crime of coercion to making declarations, to the fullest and most precise extent; establishing the reasons for nonreflection of the crime of coercion to making declarations in the judicial practice, and making proposals for improving the bases of incrimination; delimiting the coercion to making declarations from certain associated criminal deeds; developing a model of incrimination under article 309 of the Criminal Code, aimed to improve the criminal and legal framework.