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Analiza de drept penal a infractiunii de rapire a mijlocului de transport: experienta Republicii Moldova - A Penal Law Analysis of the Offence of Abduction of the Mean of Transport:the Republic of Moldova case

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  • Vitalie STATI

    (Conferentiar Universitar, doctor in drept, Facultatea de Drept, Universitatea de Stat din Moldova, Chisinau, Republica Moldova)

Abstract

This study comprehend the analysis of the object, the objective part, the subjective part, the subject and the aggravating circumstances of the offence of abduction of the mean of transport, provided by art.1921 of the Penal Code of the Republic of Moldova. Especially, it is showed that the mean of transport notion, stipulated in the disposal of art.1921 PC RM, has the same meaning as the mean of transport notion, provided by art.264, 2641, 265 and 266 PC RM. It is explained why, literally to the act of circumvention, the act of abduction of the mean of transport must have an illegal disposition. Finally, there are analyzed the most controversial aspects concerning the consumption phase of the offence of abduction of the mean of transport. It is argued that not every case that involves the abandonment of the mean of transport must be translated throughout the practice of art. 1921 PC RM. It is proven that the main goal of the act of abduction of the mean of transport it’s not about the misappropriation (circumvention) of the mean of transport, but it concerns the temporary usage. The study continues with the examination of the aggravating stipulated at par.(2) and (3) art.1921 PC RM.

Suggested Citation

  • Vitalie STATI, 2010. "Analiza de drept penal a infractiunii de rapire a mijlocului de transport: experienta Republicii Moldova - A Penal Law Analysis of the Offence of Abduction of the Mean of Transport:the Republic of Mol," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 1, pages 61-77, February.
  • Handle: RePEc:lum:rev4rl:v:1-2:y:2010:i::p:61-77
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    More about this item

    Keywords

    abduction; mean of transport; temporary usage; abandonment;

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate
    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law

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