Răspunderea penală pentru infracţiunea de încălcare a regulilor statutare cu privire la relaţiile dintre militari, dacă între ei nu există raporturi de subordonare (art. 369 CP RM) [Articol]

Abstract

The offense provided in art. 369 of the Criminal Code of the Republic of Moldova, violation of statutory rules on relations between the military if there are no relations of subordination, and if this violation was manifested by acts of violence, is a crime that violates the order of conduct between the military. Legal liability for the given crime is necessary to prevent and combat the facts indicated in art. 369 of the Criminal Code, and to create an adequate military environment, respecting public order and protecting the honor and dignity of the military. Analyzing the practical examples, we can conclude that the legislation on the crime of violating the statutory rules on relations between the military if there are no relations of subordination, still creates dilemmas for practitioners today, when and how to apply art.369 Criminal Code Republic Moldova, this crime is similar to that of torture or not.