Correlative approaches regarding the concept and structure of the content of crime (Romania and the Republic of Moldova) Cover Image
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Abordări corelative privind conceptul și structura conținutului de infracțiune (România și Republica Moldova)
Correlative approaches regarding the concept and structure of the content of crime (Romania and the Republic of Moldova)

Author(s): Radion Cojocaru, Oleg Rusu
Subject(s): Criminal Law, Comparative Law
Published by: Uniunea Juriștilor din România
Keywords: criminal offence; legal content of the crime; constitutive content of the crime; element of the offence;

Summary/Abstract: The issue of the content of the crime is treated through the prism of two criminal legislations and doctrines - of Romania and of the Republic of Moldova in the present study. The objective pursued by the authors is the substantiation of the perspective of a unique concept of approaching crime as a basic institution of criminal law in the Romanian space. The criminal legislation of the Soviet Union had an excessive impact on the evolution of the criminal legislation of the Republic of Moldova. Even today, some Moldovan criminal law institutions, including crime law, are approached from the perspective of concepts and perceptions that characterized the Soviet doctrinal system. As a result of this research, the authors, using mainly the comparative method of studying law, have argued the theoretical foundations that may constitute the basis for the approximation of the above-mentioned doctrines in addressing the content of the crime. However, the good knowledge of the issue of the legal content of the crime allows the description of the crimes by the strict observance of the quality standards of the criminal law, thus ensuring the principle of legality of the incrimination.

  • Issue Year: 2022
  • Issue No: 11
  • Page Range: 106-127
  • Page Count: 22
  • Language: Romanian