Legea și Viața (Mar 2024)
The necessity of night robbery criminalizing in the criminal law of the Republic of Moldova
Abstract
The good development of the national criminal legislation and the adaptation to the European Union acquis must be understood on the basis of thorough knowledge of the crimes and the practical tendencies of their commission. Criminal approach perspective of a crime is completed through the lens of legal-criminal analysis, focused on the idea of deciphering and interpreting the objective and subjective signs described by the legislator in the criminal law. The object of study of this article is the crime of robbery criminalized in art. 188 of the Republic of Moldova, in which the author mainly investigates the capacity of the incriminating frame by reporting the factual situations that accompany the tangible element of the robbery. Being animated by the prospect of perfecting the national criminal norms to the national and international practical realities, which mark the seriousness of the criminal acts, the author founded the idea of the "night time" provision as circumstance to aggravate the criminal liability for the crime incriminated in the art. 188 CC of the Republic of Moldova.
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