Coautoratul impropriu în modalitatea „Intenție – lipsă de vinovăție”: o abordare din perspectiva legii penale a Republicii Moldova [Articol]

Abstract

The notion of “improper co-authorship” is not known to the criminal law of the Republic of Moldova. This notion is part of a broader noti on – “improper participation” – which is used in Romanian criminal law. The last notion is based on the theory of improper participation, which was deve loped by Romanian doctrinaires. The theory of improper participation is cha racterized by the fact that some participants act intentionally, while others act by imprudence or without guilt. The arguments presented in this investigation confirm that, in the context of the criminal law of the Republic of Moldova, the theory of improper participation is complementary to the theory of the medi ated author. Improper co-authorship in the manner “intent – lack of guilt” is found in the aggravating circumstance of “two or more persons”, recorded in the special part of the Criminal Code of the Republic of Moldova, if the act, pro vided by criminal law, is committed by two direct perpetrators – one of whom is criminally liable and the other is not.