EXPOSURE ON THE AMENDMENTS OPERATED IN THE DECISION OF THE PLENUM OF THE SUPREME COURT OF JUSTICE “ON JUDICIAL PRACTICE IN CRIMINAL CASES INVOLVING MINORS” No30 OF 22.11.2004

Stanislav COPEŢCHI, Liubovi BRÎNZA* Universitatea de Stat din Moldova *Curtea de Apel Chişinău

Abstract

In the carried out study there are highlighted some explanations reflected in Decision of the Plenum of the Supreme Court of Justice of the Republic of Moldova no 4 of 21.12.2015 amending and supplementing the Decision of the Plenum of the Supreme Court of Justice no 39 of 22.11.2004 “On judicial practice in criminal cases involving minors”. For qualification according to the norm of the article 208 PC RM there is not necessary that the minor to have started preparation to commit the offense to which was instigated. As a victim of an offense specified in art.208 PC RM can occur both a minor who has attained the age of criminal liability needed to be subject to crime whose commission was instigated and a minor who has not reached such an age. It argues that to operate aggravating specified in para. (2) art.208 PC RM is obligatory presence of a special relationship between offender and victim.

Keywords: minor, adult, instigation, attraction, criminal activity, immoral act, father, brother, early age.