Modalitățile normative ale acțiunii principale din cadrul infracțiunilor prevăzute de art. 326¹ din Codul penal [Articol]

Abstract

For the purposes of the art. 326¹ of the Criminal Code of the Republic of Moldova, the resolution of requests, submissions or complaints addressed to the perpetrator is effected by examining and deliberating upon them, without, however, adopting an administrative act, making a decision, or participating in decision-making. For the purposes of the same article, the adoption of an administrative act consists in the approval of its draft, which confers official status upon it, followed by the communication of the act to the addressee, on the condition that such action does not involve the resolution of requests, submissions or complaints addressed to the perpetrator. For the purposes of the art. 326¹ of the Criminal Code of the Republic of Moldova, the conclusion of a juridical act consists in the external expression of a clear and determinable will capable of generating legal effects. For the purposes of the same article, taking a decision implies its unilateral approval, provided that it does not pertain to the resolution of requests, submissions or complaints addressed to the perpetrator. For the purposes of the article 326¹ of the Criminal Code of the Republic of Moldova, participating in the taking of a decision entails the perpetrator’s intervention as a member of a collegial body in the deliberation and voting process, provided that such action does not involve the resolution of requests, submissions or complaints addressed to the perpetrator.