Cauzele care înlătură caracterul contravențional al faptei: între voința legiuitorului și realitatea juridică [Articol]

Abstract

This article examines the causes that remove the contraventional nature of an act within the framework of the contraventional law of the Republic of Moldova, with a focus on their legal nature, the effects they produce, and their essential distinctions from other grounds for exemption from liability. The study is based on the premise that not every act formally classified as a contravention may entail contraventional liability, in the absence of all defining elements, including social harmfulness. The analysis also addresses the issue of the correct legal qualification of the act in the presence of such causes, as well as their implications within the contraventional procedure. This approach aims to substantiate the importance of rigorously regulating and applying these causes in order to ensure legality, proportionality, and fairness in the imposition of contraventional liability.