As it results from the provisions of the Article 1, Criminal Code of RM, the judiciary precedent cannot be considered a source of penal law in Republic of Moldova. Still, in the latest years, in the judiciary doctrine there are continuous discussions as to the possibility of evolution of judiciary precedent as a source of criminal law. First, these discussions take into consideration the judicial nature of explanatory decisions of the Plenum of the Supreme Court of Justice. In this case, we should give the opinion of A. Borodac, who states that „an important part in judiciary settlement have the decisions of the Plenum of the Supreme Court, as they are obligatory for the judiciary practice”. Aren’t these points of view in disaccord with the following provisions of the criminal law: „... the composition of the offence, stipulated in the criminal law represents the juridical basis of criminal responsibility” (Paragraph (1) Art. 51, Criminal Code of RM); „to criminal responsibility is subject only a person guilty of having committed an offence stipulated by the criminal law” (Paragraph (2) Art. 51, Criminal Code of RM).