PARTICULARITĂŢILE ACTIVITĂŢII INFRACŢIONALE NECONSUMATE ÎN CONTEXTUL INFRACŢIUNII DE RĂPIRE A UNEI PERSOANE

Dorina GUREV Catedra Drept Penal şi Criminologie

Rezumat

Kidnapping is one of the most complex and specific crimes provided by Moldovan Criminal Code. In this sense, the analysis of this crime implies the deep description of its elements and particularities of its phases. Due to the specifics of the subject, this study covers two important parts of the crime: preparation and attempt in case of kidnapping. Taking into account that the crime of kidnapping, as described in par (1)-(2) art.164 CC of RM, are considered grievous crimes and the aggravated crime, provided by the par.(3) of art.164 CC of RM, is considered a very grievous one, the preparation for kidnapping, meaning any actions taken before the actus reus itself, will be charged in all cases according to art.26 and art.164 CC of RM. The attempt, in case of kidnapping, will be charged only if the perpetrator starts any of the main or secondary actions provided by the art.164 CC of RM, as parts of the actus reus. As a rule, the attempt will be present when the perpetrator performs some secondary actions such as application of violence, threatening with violence or deception in order to kidnap the victim. Thus, the attempt to kidnapping starts when one of the main or secondary actions were taken and finishes when the movement of victim starts, taking into account that kidnapping is considered a conduct crime according to Moldova Criminal Code.