INTERPRETAREA OFICIALĂ A DISPOZIŢIILOR PENALE PRIVIND HULIGANISMUL: PROBLEME ŞI SOLUŢII

Sergiu BRÎNZĂ Catedra Drept Penal şi Criminologie

Rezumat

The problems and the solutions related to the official interpretation of the penal provisions with regard to hooliganism are analyzed in the present article. The norm provided by art.287 of the Criminal Code of Republic of Moldova always had a high potential of being interpreted extensively, therefore the legality principle was violated. The article is a reaction to the passing of the Plenum Decision No.4/2006 (dedicated to the explication of art.287 of the Criminal Code of Republic of Moldova). The formulated suggestions and proposals have the aim to fix with greater precision the limits of applying the above-mentioned article. The judges need an efficient model to be directed in the process of carrying out the penal justice related to the hooliganism cases.