Noţiunea de criminalitate organizată şi formele de manifestare a acesteia în legislaţia României şi a Republicii Moldova

Abstract

The article provides a comparative analysis of the concept of organized crime in the legislation of Moldova and Romania, highlighting how these two countries have adapted their national regulations to combat this phenomenon. In Moldova, organized crime is defined as criminal activity carried out by well-structured groups, involving serious offenses such as drug trafficking, money laundering, and corruption. Although Moldovan legislation has been aligned with international standards, the European Commission's report emphasizes the need for improvements in the application of these laws. In Romania, the evolution of legislation began with the Penal Code of 1864, continuing with Law No. 39/2003, which more clearly defined the organized criminal group and introduced elements such as the planning and structured organization of offenses. However, changes introduced by the new Penal Code removed certain essential elements, such as the financial purpose of criminal groups, which sparked debates in legal doctrine. Penalties for offenses related to organized crime have also been reduced compared to previous regulations. Both countries have adapted their legislation to effectively combat organized crime, but differences in the application and interpretation of laws reflect the specific challenges of each jurisdiction. The highlighted recommendations focus on the need for complementary measures to support consistent law enforcement, international cooperation, and prevention efforts.