OFFENCES AGAINST PATRIMONY, COMMITED IN THE ABSENCE OF A SPECIAL PURPOSE (art.193, 197 and 199 PC RM): THEORETICAL AND PRACTICAL ASPECTS

Sergiu BRÎNZA Universitatea de Stat din Moldova

Аннотация

This article is dedicated to the legal-penal analysis of the offences against patrimony, committed in the absence of a special purpose. The offences mentioned above are included in art.193, 197 and 199 PC RM; there are examined the constituents (the object, objective side, subjective side and the subject), as well as the circumstantial aggravating elements of the offences in question. There are also proposed delimitation criteria of the offences specified at art.193, 197 and 199 PC RM from the ancillary penal or non-penal acts. The rules of qualification of the acts under these articles, including the methods of interpretation of art.193, 197 and 199 PC RM, aim to streamline the application of penal liability for the appropriate criminal acts. Keywords: possession disturbance, real estate, destruction, deterioration, acquisition, commercialization, prior promise, occupation.