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Articolul urmator |
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Ultima descărcare din IBN: 2024-04-05 22:29 |
SM ISO690:2012 TĂNASE, Alexandru. Infracţiunea de trafic de finiţe umane (art.165 C.pen. RM): Obiectul juridic, obiectul material, victima
. In: Revista Naţională de Drept, 2010, nr. 9-10(120), pp. 42-55. ISSN 1811-0770. |
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Revista Naţională de Drept | ||||||
Numărul 9-10(120) / 2010 / ISSN 1811-0770 /ISSNe 2587-411X | ||||||
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Pag. 42-55 | ||||||
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In the present article, it is argued that formally, social relations on freedom, honor and person dignity are the ones to form the generic legal object of the offense specified at art.165 PC RM; in fact, the generic legal object of this offence consists by the social relationships on person’s liberty. It is shown that social relations on physical freedom of the person configure the main legal object of the offense provided by art.165 PC RM. It is also proved that, where appropriate, the secondary legal object of the offense stipulated at art.165 PC RM, is formed by the social relationships on: mental freedom of the person; the person’s bodily integrity; physical freedom of the person; possession of person’s documents; freedom of manifestation of will etc. It concludes that only the victim’s body may evolve as a material object of the offense specified at art.165 PC RM. It is revealed that, in legal-penal meaning, the victim of human trafficking is the person whom in time of the offense perpetration has attained the age of 18 years, that is the passive subject in the conflict legal penal report, a report aroused as a result of the perpetration of the offense provided by art.165 PC RM, and which is the subject of the social relations, the constituent object of this offence. |
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