INFRACŢIUNI PRIN CARE SE ÎNCĂLCĂ REGIMUL IMPUS ECOSISTEMELOR TERESTRE (art.231 şi 232 CP RM): ANALIZĂ DE DREPT PENAL

Vitalie STATI Catedra Drept Penal şi Criminologie

Rezumat

In this article, it is concluded that the place of perpetration of the crime – the forest resources or the natural areas protected by the state – has an obligatory condition in case of the offence of illegal cutting of forest vegetation. Consequently, not every illegal cutting of trees and shrubs can be covered by art.231 PC RM. Also, art.231 PC RM shall not be applied in case of illegal cutting of trees and shrubs, committed on a territory other than the forest resources or natural areas protected by state, even if this act has been committed by persons responsible for the protection and security of the forest vegetation or committed in proportions exceeding 500 conventional units. More trees and shrubs arranged largely between can not constitute a forest space, respectively can not represent the subject of the offences stipulated at art.232 PC RM. Subject of the offences, referred to at art.231 and 232 PC RM, may be the owner of the trees and shrubs, also of the forest spaces, as confirmed by the provisions at par.(4) art.11, par.(3) art.13 and art.70 of the Forestry Code.