Folosirea situației de serviciu la săvârșirea infracțiunilor de amestec în înfăptuirea justiției și în urmărirea penală (art. 303 CP RM) [Articol]

Abstract

The study examines the issue of using official position in the commission of offenses involving interference with the administration of justice and criminal prosecution, as regulated by Article 303 of the Criminal Code of the Republic of Moldova. In its current normative configuration, the legislator establishes „the use of official position” as the sole aggravating circumstance. The research highlights the limitations of this legislative option and underscores the need to redefine the aggravating factor. Furthermore, the implications of the legislative amendments introduced by Law No. 136/2024 are analyzed. In conclusion, the study advocates for the establishment of a unified and coherent legislative mechanism, aimed at ensuring the proportional sanctioning of criminal conduct and strengthening the protection of the administration of justice as a fundamental value of the rule of law.