THE OFFENCE OF SIMPLE MURDER IN THE PENAL LAW OF THE REPUBLIC OF MOLDOVA Cover Image

INFRACTIUNEA DE OMOR SIMPLU IN LEGEA PENALA A REPUBLICII MOLDOVA
THE OFFENCE OF SIMPLE MURDER IN THE PENAL LAW OF THE REPUBLIC OF MOLDOVA

Author(s): Sergiu Brinza
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: murder; deprivation of life; person; person's life; cerebral death; clinical death

Summary/Abstract: In the present study is carried out the research of the four constituent elements of the offence of murder, stipulated at art.145 of the Penal Code of the Republic of Moldova: the object, the objective side, the subjective side, the subject. Article seeks to clarify some less studied aspects of the offence of murder, while it does not require the presence of aggravating circumstances. Among the results obtained in this study are: the definition of the notions “person's life” and “person’s health”, nominating the fundamental social quality protected against the offence of murder; the establishing of the start and end time of the penal defense of the person's life; the characterization of action and inaction approaches in murder cases; the identification of the circumstances which denote the manifestation of intention in the case of another person's life deprivation; setting the delimitation criteria of murder from some concurrent offences etc.

  • Issue Year: V/2010
  • Issue No: Special
  • Page Range: 15-29
  • Page Count: 15
  • Language: Romanian