Interpretarea semnelor obiective ale infracţiunii de tortură [art. 166' alin. (3) C.pen. al R. Moldova] prin prisma jurisprudenţei CEDO
Interpretation of the objective signs of the crime of torture [art. 166' paragraph (3) of the Criminal Code of the Republic of Moldova] through the lens of the ECHR jurisprudence

Summary/Abstract: The legal classification of the crime of torture criminalized in art. 166' paragraph (3) of the Criminal Code of the Republic of Moldova raises the issue of identifying the component signs described in the text of the law, especially the estimated or defining signs that are established on a case-by-case basis depending on the circumstances accompanying the criminal act. In this study, the author approaches the issue of interpreting the objective signs of the crime of torture, through the lens of the jurisprudence of the European Court formed on the interpretation of art. 3 of the European Convention on Human Rights. The study has been developed within the state program: 20.80009.1606.05 “The Quality of the Judicial Act and the Respect of the Rights of the Person in the Republic of Moldova: Interdisciplinary Research in the Context of the Implementation of the Association Agreement between the Republic of Moldova and the European Union”. Within the context of the development of European criminal law in the field of human rights, such approaches are preferred in the difficult roadmap of the Republic of Moldova for integration into the great European family.

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