LATURA SUBIECTIVĂ A INFRACȚIUNII PREVĂZUTE LA ART.168 CP RM

Abstract

This article is dedicated to the analysis of the subjective side of the crime of forced labor through the prism of the signs that characterize it: guilt, purpose, reason. Among other things, it is argued that the crime of forced labor is usually committed with direct intent. Only in the case described in letter b) paragraph (3) art.168 of the Criminal Code of the Republic of Moldova, the perpetrator manifests intent towards the prejudicial act and imprudence towards the prejudicial consequences. The purpose of the crime is not a mandatory sign of the subjective side of the crime of forced labor. As a rule, the reason for the crime is not relevant to the classification of the crime of forced labor, with the exception of the hypothesis described in paragraph (2) letter e) art.168 of the Criminal Code of the Republic of Moldova, which establishes the aggravation of responsibility for the commission of the crime for reasons of prejudice - case in which, the reason for the crime constitutes a mandatory sign of the subjective side of the examined crime.