In the framework of this article, there are examined the subjective part, the subject and the aggravated circumstances of the off ence of stealing the mean of transportation. It is proven that in order to apply art.1921 PC RM, the defi ciency of the intention of misappropriation (circumvention) must be taken into account. If the off ender follows the intention of misappropriation (circumvention) the mean of transportation we’ll apply, where appropriate art.186, 187, 188, 189 or art.191 PC RM. It is argued about the right application of art.1921 PC RM in case of abandonment of the mean of transportation. Hereinafter, there are explained the qualifi cation procedures of the perpetrated, in case when the mean of transportation is returned back to the victim in exchange for a remuneration. As well, we laid down the qualifi cation principles in case of destruction or deterioration of the stolen mean of transportation. The study undergoes a examination of the aggravated prevented at par.(2) and (3) art.1921 PC RM. And fi nally, is presented the resolution project of the Plenum of the Supreme Court of the Republic of Moldova regarding the judicial practice in the penal cases concerning the off ence of stealing the mean of transportation.