Definiţie şi condiţii ale concursului de infracţiuni

Abstract

The Criminal Code of the Republic of Moldova, adopted by Law no. 985/2002, unlike the Criminal Code of 1961, presents an improved version on the platform of the plurality of crimes and, implicitly, that of the cumulation of crimes. Although the different forms of the cumulation of crimes have been studied carefully, the clarification of legal issues that circumscribe the components of crimes, especially in relation to the various forms of the crime, continues to present doctrinal controversies and ambiguities for practitioners. From the perspective of state criminal policy, it is a certainty that it is necessary to punish less severely the persons who en- tered the field of criminality for the first time and who committed only one act provided by the criminal law, in comparison to those people who committed two or more crimes. Or, unlike the persons who commit a single act provided for by the Criminal Code, the institute of the cumulation of crimes indicates a degree of increased dangerousness of the criminals, which is why, from a sanctioning perspective, the legislator has provided punitive mechanisms with more severe effects for those from follow. The research aimed to identify the considerations on the basis of which, as a matter of priority, practitioners would delimit the concepts of a unique, continuous or prolonged crime, as well as that of the cumulation of crimes. At the same time, was highlighted the importance of the institute of the cumulation of crimes from the perspective of its sanctioning regime, including on the background of the repeal of the „repetition of the crime” concept. Therefore, the study in question represents a scientifically reasoned point of view regarding the correct interpretation and application of Article 33 of the Criminal Code.