RĂSPUNDEREA PENTRU INFRACŢIUNI PRIN CARE SE ADUCE ATINGERE CONSERVĂRII BIODIVERSITĂŢII FAUNEI (art.233 şi 234 CP RM)

Sergiu BRÎNZA Catedra Drept Penal şi Criminologie

Rezumat

In the present study there are subject to review the offenses of illegal hunting (art.233 PC RM) and illegal occupation of fishing, hunting or other exploitation of water (art.234 PC RM), which involve the social relations on biodiversity flora. It is argued whether two of the offenses must be convicted. It has also examined four elements of the offences in question: the object of the offense; the objective side of the offence; the subjective side of the offense; the subject of the offense. In the analysis, there are made references to many normative extra penal acts in the domain. The research results illustrate the conditions while may be applied the liability for the criminal acts referred to at art.233 and 234 PC RM. It is also proposed the delimitation criteria of the mentioned acts in relation to the offences of circumvention, specified at art.186-188, 190 or 191 PC RM.