THE ACTS OF THREATS AND VIOLENCE AGAINST A PERSON IN A POSITION OF RESPONSIBILITY OR AGAINST A PERSON FULFILLING ITS PUBLIC DUTY (art.349 OF THE PENAL CODE): PENAL LAW ANALYSIS

Vitalie STATI, Ghenadie PAVLIUC* Universitatea de Stat din Moldova *Universitatea de Studii Politice şi Economice Europene „Constantin Stere”, Judecătoria Chișinău, mun. Chişinău

Аннотация

The object of the present study is the constituent elements and the aggravating circumstances of the offence specified in art.349 PC RM. As a result of this analysis, it is pointed out that the special legal object of these offences has a multiple character. It is established that the victim of the offences referred to at art.349 PC RM is, depending on the case: a) the person in a position of responsibility; b) the person fulfilling its public duty; c) the close relative of the person in a position of responsibility or of the person fulfilling its public duty. It is shown that, the offences set forth in art.349 PC RM, imply the mandatory link between the offence and the fulfillment by the victim of its work activities or the public activities. For all cases, during the qualification procedure, it has to be verified whether the regulations setting out the conditions and limits of fulfillment by the victim of its work or public obligations where violated or not. Art.349 PC RM can be applied only in the absence of such violations. It is concluded that art.349 PC RM is not applicable where, at the time of the offence, the offender didn’t realized that: a) perpetrates the offence against a person in a position of responsibility who works within a public authority, against a person fulfilling its public duty or against a close relative of the two; b) perpetrates an offence that is related to i) the work activities of the person in a position of responsibility who works within a public authority or to ii) the public activities of the person fulfilling its public duty. It is argued that the act of vengeance in connection with the fulfillment by the victim of its public duty can cause the offences referred to at art.349 PC RM. However, vengeance in connection with the fulfillment by the victim of its work activities cannot cause these same offences. It is shown that the ideal competition between the offence under art.287 PC RM and the offences specified in art.349 PC RM is not possible. It is established that the offences referred to at art.349 PC RM cannot be perpetrated for 

hooligan reasons. It is pointed out that art.349 PC RM is a special norm in relation to art.78 or art.104 of the Contravention Code or in relation to art.152, art.155 or art.197 PC RM. 

Keywords: threat, violence, destruction, person in a position of responsibility, close relative, public authority, work activities, public duty, methods dangerous to the life or health of many people, other serious consequences.