Tendințe jurisprudențiale privind stabilirea cuantumului proporțiilor mici în cazurile de sustragere a bunurilor
Journal Title: Revista Națională de Drept - Year 2017, Vol 1, Issue 195
Abstract
In the present article it is stressed out that through Law nr.207/2016 the legislator failed to show consistency when establishing the quantum of the conventional unit. Only alin.(2) art.64 of the Criminal Code of Republic of Moldova was modified, whereas the legal provision comprised in alin.(1) art.34 of the Contraventional Code of Republic of Moldova was left intact. However, according to the preliminary acts, it was implied inter alia, that the quantum of the conventional unit was to be adjusted in both legal norms, Contraventional Code and Criminal Code, to match the actual social and economic realities. It is pointed out that in the judiciary practice there is no unique point of view when it comes to the establishment of small proportions in the context of the adoption of Law nr.207/2016. Therefore, pursuant to a (major) jurisprudential tendency it was settled that when calculating the small proportions the conventional unit of 20 lei must be taken into account, as stated in alin.(1) art.34 of the Contraventional Code. On the contrary, following another (minor) jurisprudential view, the conventional unit of 50 lei (alin.(2) art.64 of the Criminal Code) must be taken into consideration while determining the small proportions. It is believed to be unacceptable to combine legal provisions from Criminal law and Contraventional law in order to establish a more favorable accountability to the offender. In such a case a third law is created (lex tertia), and subsequently the principle of separations of powers is being eluded. A judge is not empowered to law-making. It is demonstrated that the adoption of Law nr.207/2016 has no impact over the establishment of the small proportions’ quantum. Last but not least, attention is drawn to the fact that starting from 16th March 2017 (date when Law 208/2016 entered into force) the quantum of the small proportions will be of 20% of the average monthly salary on economy forecasted approved by the Government for the current year from the date of the deed.
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