UNELE ASPECTE ALE LATURII OBIECTIVE A INFRACŢIUNII DE VIOLARE DE DOMICILIU

Radu ŞTEFĂNUŢ Catedra Drept Penal şi Criminologie

Rezumat

In the present study, it is shown that, with regard to the purpose of art.179 PC RM that gains a lawlessness background by the illegal stay in the victim’s residence without her consent, which means that the entry was done legally, but still the staying is undesirable. It is also argued that the procedural connotations of the searches or researches maid at the victim's residence are not necessary to make art.179 PC RM applicable. Since the legislature does not make any statement, even if the searches or researches are made illegally at the victim’s residence in extra-procedural terms, the situation is also covered by art.179 PC RM. We are speaking about cases where the subjects, who are not entitled by law to conduct illegal searches or researches at the victim’s residence, arrogate to that power.