PARTICULARITĂŢILE OBIECTULUI INFRACŢIUNII DE RĂPIRE A UNEI PERSOANE (art.164 CP RM)

Dorina GUREV Catedra Drept Penal şi Criminologie

Rezumat

Legal object of the crime, as one of its important elements, is considered to be the mandatory legal ground for the criminal liability. In this context, to make a comprehensive and complete analysis of the kidnapping’s corpus delicti it is necessary to study the discussable issues about its legal object. Thus, we can conclude that special legal object of this crime is represented by the physical freedom of the person as a social value protected by the criminal law and social relationships that occur related to this value. The physical freedom of the person includes his/her right to behave, to circulate and to move according to his/her own will, in the limits of the law and morality. The secondary legal object of this crime refers to the life, health and bodily integrity of the person as well as psychological freedom, freed to express his/her own will and minimum self confidence. The material object, the body of the victim, exists only in the case provided by lit.b) parah.(3) art.164 CC RM.