Vinovăţia în cazul infracţiunilor de fals în acte publice

Abstract

In the present study is analyzed the guilt – a mandatory sign of crimes of forgery in public acts. It is concluded that the offenses of forgery in public acts can be expressed only in the form of direct intention. The conclusion is based on the arguments aiming at: a) the insertion of the term “obvious” in the disposition of the norm; b) stipulating the reason for the crime as a mandatory subjective sign and c) the legislative technique of constructing the content of crime depending on the way of describing the objective side. The term “obvious”, enshrined in art. 332 of the Criminal Code of the Republic of Moldova, constitutes an additional condition for emphasizing the psychic attitude of the perpetrator towards those conmitted. It imprints a specific content on the intention, emphasizing the certain knowledge that the perpetrator must manifest in relation to the data entered in the official document.