ELEMENTELE CIRCUMSTANŢIALE AGRAVANTE ALE INFRACŢIUNILOR PRIVIND TRAFICUL DE PERSOANE ÎN DREPTUL COMPARAT

Mihai ŞTEFĂNOAIA Catedra Drept Penal şi Criminologie

Rezumat

This article is devoted to the studying the aggravating circumstances of the offences on human trafficking in the comparative law. It is argued that in the presence of the single intention - which includes the sale (purchase) of one minor, as well as the try to sell (buy) another minor - the committed represent the attempt perpetrated on trafficking two or more minors. It is stated that, in essence, the use of the official position to commit the offence on human trafficking is the use of the official position, which the perpetrator holds, or of the duties that have been awarded to in order to commit the offense in question. It is shown that, in accordance with art.41, 43 and 46 PC RM, the minimum required to form an organized criminal group is two persons, not three. To ignore this would mean ignoring the legislative sovereignty of the Republic of Moldova, who has the right to decide, based on their national interests, to what extent to implement the ratified international standards in its national law.