THREATENING WITH THE TERRORIST ACT: FORM OF EXPRESSION OF THE OFFENCE REFERRED TO IN PAR. (1) ART. 278 PC RM
Journal Title: Revista Institutului Național al Justiției - Year 2018, Vol 47, Issue 4
Abstract
The purpose of the study is to analyze the threat of committing the terrorist act as a form of expression of the offense provided by art.278 PC RM. It is shown that the threat of committing the terrorist act can embrace only the active, not passive, form of criminal behavior. It is argued that in order to be applicable the norm of para.(1) art.278 PC RM the threat must be real in character, that is, expressing itself in carrying out preparatory actions showing the intention to commit the terrorist act and causing fear to the victim that it can be executed. It is concluded that the Moldovan legislator, for unclear reasons, has artificially decided to combine in one article two damaging facts absolutely distinct from the harmful degree, structure, time of consumption, the content of the special legal object etc. It is the threat of committing the terrorist act and committing the terrorist act in fact. It is noticed that in comparative plan is attests sufficient legislative models that incriminate in separate norms the threat of committing the terrorist act and the terrorist act in fact. At the same time, it is revealed that some legislators embrace an intermediate position, incriminating in distinct norms those two offences, but imposing similar punishments for committing them.
Authors and Affiliations
Violeta Cojocaru
Keywords
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