Studiu de drept comparat in materia tehnicilor legislative de inserare in textul normei a elementului material al infractiunilor reunite sub denumirea de act terorist

Abstract

In this study is analyzed the material element of terrorist act offences provided by Art.278 of the Criminal Code of the Republic of Moldova in comparison with the criminal laws of some foreign states, including Romania. In the field of comparative law we distinguish several techniques for highlighting the list of prejudicial acts in the provision of norms that incriminate acts of terrorism. In the most ex-members states of the Sovietic Union the list of prejudicial acts is exemplary, the legislator describing the objective aspect of the terrorist act by specifying a few damaging facts (usually, the most widespread). According to another legislative technique, the list of damaging facts is an exhaustive, and it is not possible to enlarge them by the person authorized to apply the criminal law. It is also attested the presence of a mixed technique, according to which although the list of damaging facts is exemplified, it contains a much wider enumeration of the normative modalities of expressing the prejudicial act compared to the incriminating models from the first category. According to another legislative technique (minority), in the criminal codes of some foreign states the objective side of the terrorist acts does not contain, neither by way of example, the list of damaging facts, legislator describing the objective side of the terrorist act by using generic terms.