CIRCUMSTANŢELE AGRAVANTE ALE INFRACŢIUNILOR ÎN DOMENIUL PROPRIETĂŢII INDUSTRIALE

Alexandru PĂDURARU Catedra Drept Penal şi Criminologie

Rezumat

In this study, it is revealed that the establishment of the aggravating circumstances "by two or more persons" and "by an organized criminal group or criminal organization" in the same paragraph of art.1852 PC RM is ineffective. Similarly, it is shown that, as provided by lett. d) par.(7) art.1852 PC RM, where the constraint is expressed in the use of violence, its degree of intensity can’t exceed the one of the intended average battery or health injury. If the level of violence is of greater intensity, the liability will apply only under art.151 PC RM. In this situation, there won’t be required additional qualifications under par.(1) art.1852 PC RM.