VICTIMA INFRACŢIUNII DE TRATAMENTE INUMANE (art.137 CP RM)

Nicolae BUZA Catedra Drept Penal şi Criminologie

Rezumat

Judging by content of the 137th article of the Penal Code of Moldova, the legislator conditioned the situation, status and role of the victim in the system of social relationships. The designation of these indicators in the penal norm represents the exclusive prerogative of the legislator, therefore having the purpose to identify the limits of the penal responsibility. Thus, the quality of the victim regarded by the 137th article of the Penal Code is directly related to the person categories protected by the Geneva Conventions of 1949. The investigation of the circle of subjects that are protected by the penal law gives us right to attribute to the category of conditions described by the victim the injured, ill and shipwrecked ones. Prisoners, civilians, members of the Red Cross, members of organizations assimilated to it and any other person that is under the power of the enemy represent the role of the victim in the system of social relationships or reflects her social status. By analyzing these categories we have resolved the problem of the application of the penal norm regarding the offender and the victim.