Analiza materialelor științifice privind răspunderea penală pentru munca forțată

Abstract

In this article, in a chronological sequence, the main doctrinal sources from the Republic of Moldova are analyzed, in which the offense of forced labor (art. 168 of the Criminal Code of the Republic of Moldova) is analyzed. The analysis shows that the doctrinaires pay attention to the constitutive elements and the aggravating circumstances of the offense in question. In particular, the following are analyzed: the generic juridical object; special juridical object; material object; victim; the structure and content of the prejudicial act; moment of consumption; the form of guilt and the type of intention; the motive of the offense; the qualities of the subject of the offense. Also, the criteria for delimiting the offense of forced labor in relation to other offenses are examined (in particular, to the crimes provided by the art. 165, 1651, 167 of the Criminal Code of the Republic of Moldova). There are studied international and national normative acts that contain reference provisions for art. 168 of the Criminal Code of the Republic of Moldova. Contradictions and divergences between different doctrinal points of view are highlighted.