The particularities of incrimination the separatism crime in the criminal legislation of the Republic of Moldova
Autor: COJOCARU Radion
Data: 2023
Abstract
The focal element of the present study is the Law of the Parliament of the Republic of Moldova no. 9 of 02.02.2023 for the modification of some normative acts, entered into force on 18.03.2023, by which criminal liability for the crime of separatism was provided for in the national criminal legislation under art. 3401 of the Criminal Code. For the application of the criminal law in strict accordance with the principle of the legality of incrimination, it is necessary to interpret the constituent elements and signs that are related to separatism and that characterize it as a criminal act. Starting from this non-negligible premise and in order to ensure cognitive knowledge of the phenomenon, in this study the particularities of criminalizing separatism are addressed with the approach of the constitutive signs from which the legal essence of this criminal act derives.