Violation of the principle of proportionality of criminalization in the Criminal Code of the Republic of Moldova

Authors

  • Serghei Brînza Facultatea de Drept a Universității de Stat din Moldova (Chișinău, Republica Moldova)
  • Vitalie Stati Facultatea de Drept a Universității de Stat din Moldova (Chișinău, Republica Moldova)

Keywords:

incrimination; proportionality of incrimination; the principle of proportionality of incrimination; the principle of protection of legal interests; the ultima ratio principle

Abstract

The object of the present study is the understanding of the notions of “incrimination” and “proportionality of incrimination”. Also, the two facets of the principle of proportionality of incrimination are analyzed: the principle of protection of legal interests and the ultima ratio principle. The following are the most relevant examples of violations by the Moldovan legislator of the principle of protection of legal interests and the ultima ratio principle. It is concluded that the dynamics of the development of social relations obliges the legislator to combine the processes of criminalization and decriminalization of acts. Only a balanced use of these criminal policy instruments can ensure the effective protection of the most important social values, without admitting the disproportionate restriction of the exercise of certain rights or freedoms.

Published

2023-04-13

How to Cite

Brînza, S., & Stati, V. (2023). Violation of the principle of proportionality of criminalization in the Criminal Code of the Republic of Moldova. Ars æqui, 12(1), 112–121. Retrieved from https://revista.drept-ovidius.ro/index.php/arsaequi/article/view/214

Issue

Vol. 12 (2022): Ars Aequi

Section

Studies and articles

License

Copyright (c) 2023 Ars Aequi

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