LATURA OBIECTIVĂ A INFRACŢIUNII DE VIOLARE DE DOMICILIU: MODALITATEA DE PĂTRUNDERE ILEGALĂ ÎN DOMICILIU

Radu ŞTEFĂNUŢ Catedra Drept Penal şi Criminologie

Rezumat

In the present study, it is concluded that in the conjuncture of the penal law, there can not be spoken about a general right for the inviolability of private life, which would have include: the right to private life, family and personal life; the right with regard to the inviolability of correspondence secrecy; the right regarding the residence inviolability. In the Penal Law of Republic of Moldova, the spheres of application of each of art.177-179 PC RM are distinct. Just as in the Romanian Penal Law, the spheres of application of each of the art.192 and 195 PC Rom from 1968 or art.224, 226 and 302 PC Rom from 2009 are distinct too. It is also established that the absence of the victim’s consent on the entry into the residence it is equivalent with the vitiation of the consent on the entry into her residence, when the respective consent, although expressed, does not have any value, so it doesn’t open the access of the offender in the victim’s residence. In such cases, we have no reason not to apply the liability under art.179 PC RM or art.192 PC Rom from 1968.