Consimtamantul persoanei la contaminarea cu maladia SIDA in legea penala a Republicii Moldova: controverse si solutii
The person’s consent to AIDS contamination in the criminal law of the Republic of Moldova: Controversy and Solutions

Summary/Abstract: The victim’s consent is a probative cause only in the case if that proper victim can use the social value by its will and if that possibility is recognized by the law as valid one. In light of the changes introduced by the Law amending the Criminal Code of the Republic of Moldova, nr.277-XVI from December 18 of 2008, the article 212 was filled with the 5th paragraph, where voluntary consent of the person to be put in danger of infliction of damage or injury, thus, facing a double standard approach: first – a character impunity clause condition and second – a probative issue that removes the criminal nature of the offense. For these reasons, in this investigation were undertaken efforts to justify the legal nature of the victim's consent and criminal implications that are generated by this novel. The detection of collisions and banalities of recent regulatory results prompted us to make law proposals, which we hope will be taken into consideration in the event of improving the incriminating framework of Moldova. At the same time, the recognition by the Moldovan legislature of the role of the person's consent in violating her own interest, as a general act of legal consequences, is an obvious practical use. The effect of regulating the content of this proper probative element has generated the fortification of doctrinal recognition of the victim’s consent as a matter that removes the unlawful nature of the crime.

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