Problematica determinării semnelor obiectului şi victimei infracţiunii de exces de putere sau depăşire a atribuţiilor de serviciu (art. 328 CP RM)
The issue of determining the signs of the object and the victim of the crime of excess of power or exceeding the service attributions (art. 328 CC RM)

Summary/Abstract: In the present article authors defines attributes of object and victim in the framework of offense “abuse of power” (Article 328 of the Criminal Code of the Republic of Moldova) and conduct comparative analysis. At the first-place questions of what should be considered as object of crime in the Moldavian legal doctrine. Author believe that “vertical” objects are divided into general, group and direct, “horizontal” - at primary, secondary and optional. Author carried out a comprehensive analysis of each object under consideration provisions of the Criminal Code of the Republic of Moldova. Authors give particular attention to the study of victims of this crime. According to authors, lack of the unified approach to this issue is largely generated by the procedural legislation. Author concludes that victims of the power abuse in the criminal law sense may be citizens (any individual), organizations (legal entities, irrespective of their legal form), society and the state. Based on the comprehensive analysis of legal acts, court practice and a wide range of scientific sources authors justify the appropriateness of amending Criminal Code of the Republic of Moldova.

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