CONCEPTUL DE RISC ŞI RISCUL ÎNTEMEIAT CA UN NOU CAZ CARE ÎNLĂTURĂ CARACTERUL PENAL AL FAPTEI INFRACŢIONALE ÎN LEGISLAŢIA PENALĂ A REPUBLICII MOLDOVA

Alexandru MARIŢ Universitatea de Studii Europene din Moldova

Rezumat

In the criminal legislation of the Republic of Moldova from 12.06.2002 as a legislative novelty among the cases that remove the criminal character of the action relating to an infraction new cases less known of this kind were included as the one from article 40 „The well – grounded risk”. Or in this scientific approach we are trying to analyze the opportunity, as well as the necessity of this settlement in national criminal legislation. In is mentioned, about this, in article 40 section 1 that: „It is not considered an offence the action, stipulated by the criminal law, that caused injuries to the interests protected by law in the case of the well – grounded risk in order to achieve socially useful goals”. Respectively at section 2 it is stipulated: „The risk is considered well – grounded if the socially useful followed goal couldn’t be achieved without a certain risk and if the person that acknowledged it took the necessary measures to warn the injuries determination to the interest protected by law”. And at section 3 it is foreseen that: „The risk can't be considered well – grounded if it was willingly blended with the danger for person's life or with the danger of bringing about a social or ecological disaster”. The same causes find their settlement in an adequate way in the criminal code of the Russian Federation too from January 1, 1997 in articles 38, 41. So, the technical – scientific progress is impossible without introducing new technologies, without making experiments in different areas of the human being's activity. In order not to break off the person's activity in different areas – science, technique, medicine, pharmacology, production sphere etc. – a new cause that removes the criminal character of the action was introduced in the criminal legislation: the well – grounded risk. The notion of risk means an action (inaction) with possible injurious consequences. The evaluation of risk degree expresses the probability of this one to take place, as well as the impact that it can have on social relations. The professional risk is considered to be justified, it the action committed was unfolding objectively from the information on the facts and circumstances the police worker was possessing, and the legit imitate purpose that wouldn't have included the risk and the police worker, that acknowledged the risk, took all the possible measures to forestall the negative consequences.