Săvârșirea infracțiunii de violare de domiciliu cu folosirea situației de serviciu/Committing the crime of home invasion with the use of the service situation

Abstract

Analyzing art. 8 CEDO, “Every individual has the right to preserve his private and family life, in the place of residence and correspondence”. The second part of the statement refers to the a person’s private life in a household. Considering this, it is mandatory to offer special attention to this right. Therefore to assure that the private life of the individual is secure, it is needed to make a non invasive environment in the area that the person is active and is developing morally. The Moldavian legislator asserted a particular interest for assuring that the art. 29 Constitution, not only by some subjects of law, but also by incriminating it to a category of subjects of law whose duties include the observance of the rule of law by introducing in art. 179 par. (3) lit a) Criminal Code of the aggravating circumstance “Using the service situation”.

Keywords

• domicile
• residence
• violation of domicile
• infraction
• legislation
• private life
• penetration
• inviolability
• consent
• freedom