SUBIECTUL ACTIV ȘI SUBIECTUL PASIV ÎN CAZUL INFRACȚIUNII DE ORGANIZARE A MIGRAȚIEI ILEGALE

Abstract

As the illegal crossing of the state border is provided for by art. 362 of the Criminal Code of the Republic of Moldova, and the violation of the rules of stay/transit are provided through the lens of contraventional liability, the possibility of exempting from criminal liability the person who illegally enters/leaves the country, but also the person who illegally stays/transits the territory of the country cannot be dictated. The extension of the exemption from criminal liability for the possession and use of false official documents for the purpose of organizing his illegal migration creates multiple unjustified interpretations.