Abstract

In this study it is argued that several recently made amendments to the Penal Code by means of Law no.196/2016, would contravene the provision of par.(2) art.23 of the Constitution of the Republic of Moldova. The analysis of the amendments provided by this law brought us to the conclusion that these amendments generate to the penal law a certain level of unpredictability on the following issues: 1) whether at par.(1) art.2011 PC RM are mentioned three independent offences or three normative options of one single offence; 2) the content of the concept of „isolation”, used at lett.b) par.(1) art.2011 PC RM; 3) the meaning of the concept of „facts”, used at par.(2), (3) and par.(4) art.2011 PC RM; 4) whether at lett.c) par.(2), lett.a) and lett.b) par.(3) and par.(4) art.2011 PC RM are mentioned independent offences or the normative options of the offence/offences set forth at par.(1) art.2011 PC RM. Also in support of the idea on the possible unconstitutionality of the amendments made by means of Law no.193/2016 and Law no.196/2016, in this direction there are reminded several relevant passages from the decisions of both the Constitutional Courts of the Republic of Moldova and Romania.

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