The reasoning of existing crimes whose special subjects can only be military men, is the bipolar importance of the national army over the country’s security policy and over the regional or international context. The impact of C.E.D.O jurisprudence and that of the evolution of comunitary legislation concerning the opportunity or not of this special jurisdiction for The Treaty of Warsaw member states, implicitly for Republic of Moldova, imposes a profoud analysis of the mechanism and visions regarding diferent plans, including the principle that a civil servants cannot be judged by a military court. Also, as a condition for the existence of this kind of crimes, we must take in consideration that they must be committed, mostly, in time of war. The normative and doctrinary orientation towards the theory of intelligent bayonets and the abandon of the theory of diligent bayonets for the scope of protection of the fundamental rights and liberties of the people, must be analised from the perspective that the arbitrary from the activity of those who are in the serve of the military public interest needs to be eliminated.