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A Study on Some of the Aggravating Circumstances of the Offence of Intentional Murder Provided by the Penal Code of the Republic of Moldova [Studiu asupra unor circumstante agravante ale infractiunii de omor intentionat prevazute de codul penal al Republicii Moldova]

Author

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  • Sergiu BRINZA

    (Professor in Law, Universitary Professor, State University of Moldova, Chisinau, Republic of Moldova,)

Abstract

In this article are analyzed the aggravating circumstances of intentional murder, specified at lett.j)-l) par.(2) art.145 PC RM. Likewise, are considered the most controversial issues regarding the theory on penal liability application for murder committed in these circumstances. It is stated that uncommon cruelty demonstrates the intention of the perpetrator to cause the victim intense, unnecessary and prolonged sufferings. It is shown that, related to lett.j) par.(2) art.145 PC RM, the sadistic reasons which determine the murder perpetration, are not necessarily of sexual matter. It is argued the opportunity of liability aggravation for murder committed because of social hatred, national, racial or religious. There are analyzed the two characteristics of the reasons for social hatred, national, racial or religious: the extremist ones and those generated by the hostile attitude of the offender towards a social group, ethnic, racial or religious, which the victim of the offence may belong to.

Suggested Citation

  • Sergiu BRINZA, 2013. "A Study on Some of the Aggravating Circumstances of the Offence of Intentional Murder Provided by the Penal Code of the Republic of Moldova [Studiu asupra unor circumstante agravante ale infractiunii ," Anuarul Universitatii „Petre Andrei” din Iasi / Year-Book „Petre Andrei” University from Iasi, Fascicula: Drept, Stiinte Economice, Stiinte Politice / Fascicle: Law, Economic Sciences, Political Scien, Editura Lumen, Department of Economics, vol. 0(12), pages 81-93, Decembrie.
    • Handle: RePEc:lum:rev11d:v::y:2013:i:12:p:81-93
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    Keywords

    murder; aggravating circumstances; uncommon cruelty; the offence intention; reasons of hatred.;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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