Analele Ştiinţifice ale Universităţii "Al.I. Cuza" din Iaşi. Ştiinţe Juridice (Dec 2024)

Analysis of certain aspects of the legal criminal characteristics of the crime of incitement or facilitation of suicide resulting in attempted suicide provided for in article 150 paragraph (4) of the Criminal Code of the Republic of Moldova

  • Oleg APĂRECE

DOI
https://doi.org/10.47743/jss-2024-70-3-10
Journal volume & issue
Vol. LXX, no. 3
pp. 145 – 156

Abstract

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The study includes the analysis of certain aspects of the legal penal characteristics of the offense of inducing or facilitating suicide, resulting in attempted suicide, regulated by Article 150 paragraph (4) of the Criminal Code of the Republic of Moldova, which currently appears as a mitigating variant of the offense of inducing or facilitating suicide resulting in suicide, as provided for in Article 150 of the Criminal Code of the Republic of Moldova. The study also includes estimating the possibility of criminal participation in the commission of the analyzed offense. Within the framework of this publication, an attempt is made to also argue the idea that the offense provided for in paragraph (4) of Article 150 of the Criminal Code of the Republic of Moldova actually constitutes an unsuccessful attempt of the offense of inducing or facilitating suicide. In the end, the methods of sanctioning the offense of inducing or facilitating suicide committed in a mitigating form are analyzed, including through the prism of Decision no. 125 of October 5, 2024, of the Constitutional Court of Moldova, by which the challenge regarding the unconstitutionality exception of the text „the minimum limit of the penalty is reduced by half” from Article 150 paragraph (4) of the Criminal Code was declared inadmissible.

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