SUPUNEREA LA TORTURĂ SAU TRATAMENTE INUMANE – MODALITĂŢI ALE ELEMENTULUI MATERIAL AL INFRACŢIUNII PREVĂZUTE LA alin.(1) art.137 CP RM

Nicolae BUZA Catedra Drept Penal şi Criminologie

Rezumat

Analyzing provisions of the four Geneva Conventions of 1949 and the Statute of the International Criminal Court of 1998, it’s easy to understand that both torture and inhuman treatment, including the act of intentional causing of great suffering or serious harm to health or physical integrity and humiliating and degrading treatments, are qualified as crimes against humanity and war crimes. Therefore, through the incrimination of these harmful acts, the 137th article of the Penal Code of Moldova managed to implement a domestic law, which states concrete conditions of criminalization and punishment of inhuman treatments. In this regard, we proposed through our scientific approach to capitalize existing views and find specific answers that will reveal the full features related to actions of torture or inhuman treatment, by any method, as one of the most monstrous war crimes.