UNELE ASPECTE ALE APLICĂRII ÎN PRACTICĂ A RĂSPUNDERII PENTRU SUSTRAGERE

Sergiu BRÎNZĂ Catedra Drept Penal şi Criminologie

Rezumat

Some aspects of applying into practice the responsibility for the offence of evasion are treated in the present article.
The analysis of some cases from the judicial practice is carried out. Although the number of the registered evasions is
continuously decreasing, these offences keep their tendency of having the greatest percentage amongst the offences
committed in Republic of Moldova. If taking into consideration all the offences committed by means of evasion (theft,
swindle, embezzlement, robbery), it may be affirmed that almost half of the committed offences refer to evasions. This
makes even more important the identification of the ways of improving the practice of applying the responsibility for
the offences committed by means of evasion, so that this practice would have a unitary character, which means respecting
the legality principle. Besides, the theoretical exam of some cases from the judicial practice regarding the offences
committed by means of the evasion is tackled in the present article. Some of the most up-to-date problems that are faced
by the practitioners in the process of applying the responsibility for the evasion are put into discussion. The author examines
the quality of the interpretation of the previsions of the art.186-188, 190-192 of the Criminal Code of Republic of
Moldova by the institutions that apply the penal law.