DELIMITAREA INFRACŢIUNII DE ŞANTAJ DE UNELE INFRACŢIUNI CONTRA PATRIMONIULUI SĂVÂRŢITE PRIN SUSTRAGERE

Sergiu CRIJANOVSCHI, Igor BOTEZATU Catedra Drept Penal şi Criminologie

Rezumat

The crime qualification under the 189th article of the Penal Code of Moldova is ensured not only through the objective and subjective constituents of extortion, but also through it’s precise delineation related to adjacent crimes. An overall analysis of offences stated in the 6th Chapter of the Special Part of the Penal Code of Moldova, allows us to say that there are sufficient similarities between the crime of extortion, on the one hand, and some forms of theft, on the other. Therefore, through our scientific approach we pointed out the demarcation lines between the crimes of robbery and extortion, which involves threats of violence, as well as the dissociation of the scam from extortion.