RĂSPUNDEREA PENALĂ PENTRU INFRACŢIUNILE CE ATENTEAZĂ LA SECURITATEA EXTERNĂ A ŢĂRII (art.337 şi art.338 CP RM)

Sergiu BRÎNZA Catedra Drept Penal şi Criminologie

Rezumat

In the present article there is shown that the subject of the offense specified at art.337 PC RM has the special quality of citizen of Republic of Moldova. A foreign citizen (the person belonging to a foreign state and which does not belong to Republic of Moldova) or a stateless person (the person not a citizen of Republic of Moldova and not a citizen of another state) can not be subject to the offence of treason. There is presented that it is possible that the subject of the offense specified at art.337 CP RM to be multiparty. In this case, it matters to have, among others, the citizenship of Republic Moldova. It is also shown that the special subsequent quality of the subject of the offense of treason is that of person whose information constituting state secrets have been entrusted or became known to him with regard to his workplace or his activity - assuming the disclosure of state secrets to a foreign state, foreign organization or their representatives. Finally, it is argued that the subject of the offence of espionage has the special quality of foreigner or stateless person. The person who is a citizen of Republic of Moldova can not be subject of the offence under art.338 PC RM.