The offence of treason against the state (article 337 of the Criminal Code of the Republic of Moldova) in light of the quality standards of criminal law enshrined in article 7 of the ECHR

URL: https://dspace.academy.police.md/the-offence-of-treason-against-the-state-article-337-of-the-criminal-code-of-the-republic-of-moldova-in-light-of-the-quality-standards-of-criminal-law-enshrined-in-article-7-of-the-echr/

Data: 2026

This study examines the offence of treason against the state, regulated by Article 337 of the Criminal Code of the Republic of Moldova, from the perspective of the requirements regarding the quality of criminal law enshrined in Article 7 of the European Convention on Human Rights. The analysis is grounded in the principle of legality of offences and penalties (nullum crimen, nulla poena sine lege), highlighting the defining requirements of a criminal-law provision: accessibility, clarity, and foreseeability. The scientific inquiry aims to assess the normative content of the incriminating provision, with particular emphasis on the manner in which the constituent elements of the offence of treason against the state are formulated, in order to determine the extent to which the norm enables its addressees to adjust their conduct accordingly and to exclude the risk of arbitrary application of criminal law. By reference to the case-law of the European Court of Human Rights, the research assesses the conformity of the provisions of Article 337 of the Criminal Code with European standards concerning the foreseeability and certainty of criminal-law norms, while also highlighting the risks of an extensive interpretation that could undermine the principle of legal certainty and the guarantees of fundamental rights. The study argues for the need for precise, clear, and foreseeable regulation of the offence of treason against the state, in full compliance with the requirements of Article 7 of the ECHR, with a view to ensuring a fair balance between the imperatives of protecting state security and respecting the fundamental rights and freedoms of the individual.