Material Object as a Qualification Subject to the Criminal Crime in the Criminal Law of the Republic of Moldova

Abstract

By Law no. 257 of 16-12-2020 regarding the amendment of some normative acts, which entered into force on 01.01.2021, in the Criminal Code of the Republic of Moldova were made essential amendments in the matter of criminalization of smuggling offenses, the incriminating sphere was extended and, on the other hand, a differentiated sanctioning regime was established for the different normative ways in which they can appear. At the basis of this differentiation are the objective and subjective requirements of the legal content of the crime, requirements that are to be established in each particular case in the process of qualifying the crimes. Emphasizing the different procedures for interpreting the criminal law, in this study we tried to interpret the will of the legislator materialized in the description of the new formulations of legal content that characterize the acts of smuggling.