ASPECTE PRIVIND DELIMITAREA INFRACŢIUNII DE TÂLHĂRIE DE ALTE INFRACŢIUNI OMOGENE ÎN LEGISLAŢIA PENALĂ A REPUBLICII MOLDOVA
ASPECTS REGARDING THE DELIMITATION OF THE CRIME OF ROBBERY FROM OTHER HOMOGENEOUS CRIMES IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF MOLDOVA

Summary/Abstract: This article proposes for analysis and clarification the legal framework and criteria for delimiting the crime of robbery from other homogeneous crimes such as theft, robbery or extortion. The object of the research is the identification and systematization of the constituent elements of robbery, both in terms of the objective side - the mode of action, the use of violence or threat - and the subjective side - the intention to steal the property by coercion. The topicality of the study derives from the need for a correct, consistent and uniform application of criminal rules in practice, given the complexity and diversity of ways of committing crimes against property in contemporary society. The paper examines the relevant national and international case law and proposes objective distinguishing criteria that allow legal practitioners to accurately identify robbery, distinguishing it from other similar acts. The results of the study are of practical and theoretical relevance, contributing to the clarification of legal concepts, to the substantiation of judicial decisions and to the strengthening of the predictability of the act of justice, emphasizing the importance of a rigorous analysis of the circumstances of each case.

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