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Ultima descărcare din IBN: 2024-02-16 14:17 |
SM ISO690:2012 BRÎNZA, Serghei, STATI, Vitalie. Problemele răspunderii penale pentru fapta de huliganism agravat (alin. (3) art. 287 C. pen. RM). In: Revista Naţională de Drept, 2008, nr. 6(93), pp. 2-11. ISSN 1811-0770. |
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Revista Naţională de Drept | ||||||
Numărul 6(93) / 2008 / ISSN 1811-0770 /ISSNe 2587-411X | ||||||
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Pag. 2-11 | ||||||
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The present article contains a reasoning of the fact that the ammunitions (inclusively, grenades) can not be considered means of committing the offence stipulated by alin.(3) art.287 of the Penal Code of Republic of Moldova. The convenience of abrogation of the alin.(2) art.129 of the Penal Code of Republic of Moldova is proved as well. As a result of the judicial experience analysis, it is concluded that the practitioners are tempted to make no difference between the special objects adjusted for the injury of the bodily integrity or of the health, and the objects used as weapons (other than the arms). Along several decades of applying the “special objects adjusted for the injury of the bodily integrity or of the health” notion in the penal law, this notion did not succeed in obtaining an identity profit that would allow it to be precisely dissociated from the related notions. Hereinafter it is grounded that showing the means of committing the hooliganism, having the aim of frightening, is an example of the application of the means of committing the offence stipulated by alin.(3) art.287 of the Penal Code of Republic of Moldova, and not of the intention of applying these type of means. |
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