OBIECTUL JURIDIC SPECIAL AL INFRACȚIUNII PREVĂZUTE LA ART.155 DIN CODUL PENAL

Abstract

If the offense provided by art.155 of the Criminal Code of the Republic of Moldova would undermine the social relations regarding the life or health of a person, then this offense should be regarded as a disclosure (externalization) of the intention of deprivation of life or serious intentional injury to a person’s bodily integrity or health. This would contradict the principle “cogitationis poenam nemo patitur” (“no one suffers punishment for mere intent”). The offense provided by art.155 of the Criminal Code of the Republic of Moldova has only one specific object – the social relations regarding the psychic freedom of a person. As a specific social value protected by art.155 of the Criminal Code of the Republic of Moldova, the psychic freedom of a person is distinguished by the following features: 1) de facto (not de jure) is a component of the freedom of a person, as part of the fundamental social value protected against the offenses provided by Chapter III of the special part of the Criminal Code of the Republic of Moldova; 2) is related to the acts of psychic character of a person, supposing his deliberation and decision on the accomplishment of his physical acts; 3) it is carried out as a person deems fit, but on the condition that she also respects the order of law; 4) it is suppressed in the presence of the victim’s fear that some harm might occur to her, which negatively affects her participation in the social life; 5) wishing to suppress it, the perpetrator seeks the victim to manifest the will imposed by him, that is to say he is the one who deliberates and decides on the accomplishment of the physical acts of the victim.