Falsificarea probelor: examen teoretic și practic [Articol]

Abstract

In the present study are supposed for an analise the type-infractions provided by the art. 310 PC RM. It is elucidated the social danger of the infractions of the falsification of evidences and the importance of the incrimination of such actions. Here are multiaspectualy treated the objective and subjective elements of the falsification of evidences in a civil or criminal process. Also, here are reflected the claims and shortcomings of the content and structure of the art. 310 PC RM. Further, it is made a clarity about the interpretation of the notion of „falsification” of the evidence and a prominence on the problems of the qualification which the national instances are facing. At the same time, as an example, is analyzed the legal practice of other states, regarding the incrimination of the actions of the falsification of evidences.