Calificarea infracțiunilor săvârșite de către un grup criminal organizat [Articol]

Abstract

In the present study are identified the rules for qualifying crimes committed by an organized criminal group. It is pointed out that regardless of the role played in the commission of the crime, all members of the organized criminal group are responsible as co-perpetrators. Correspondingly, for example, the person who contributes to the commission of the crime through advice, indications, etc. it must be appreciated as an author, not as an accomplice. If the article in the Special Part of the Criminal Code contains the qualifying sign ”by an organized criminal group” then the qualification will be made in accordance with this sign, without the additional invocation of art. 46 CP RM. If the article of the Special Part of the Criminal Code does not contain such a sign, then in the qualification, together with the incriminating norm, will be applied additionally art. 46 CP RM It is pointed out that the aggravating circumstance ”of two or more persons” does not constitute a form of expression of the organized criminal group. Conversely, the organized criminal group does not represent any of the hypotheses of the crime committed ”by two or more persons”. The two legal categories do not even intersect. They exclude each other. Therefore, the aggravating circumstantial sign ”of two or more persons” should in no case be applied to the qualification in the event that the offense is committed by an organized criminal group.