Systematization of fundamentalism, extremism and terrorism in the criminal legislation of the Republic of Moldova

Abstract

As a result of significant updates and additions in the sphere of criminalization of acts of terrorism and some forms of extremism in the Criminal code, both Code of contraventions of the Republic of Moldova, there has been appeared a stringent necessity to research a new category of crimes in the sphere of extremism and terrorism. During analyzing the list of crimes of a terrorist nature set out in the art.134/11 of the Criminal Code of the Republic of Moldova (CC RM), we find that the elements of crime provided for in the art.279 (CC RM) (Financing of Terrorism) were dropped from this list, which, in our opinion, is an unacceptable omission of the legislator. Taking into account the legislative decision regarding the identification of the list of crimes of a terrorist nature, a paradoxical legal situation arises: organizing or facilitating a trip abroad for terrorist purposes (para.(2) of art.279/3 CC RM) and directly traveling abroad for terrorist purposes (para.(1) art.279/3 CC RM are included in the list of crimes of a terrorist nature, but financing travel of individuals for the purpose of committing, planning or preparing terrorist acts or participating in them, as well as conducting or undergoing training is not. In order to receive some valid scientific results, the systematic analysis and synthesis were performed. Consequently, we have demonstrated that the modern criminal legislation, even upgraded, suffers grievous gaps and deficiencies which we try to overpass. In future, we believe that our proposals will be taken into account for legal norms revision.