ELECTRONIC CORRESPONDENCE: THE IMATERIAL OBJECT OF THE OFFENSE PROVIDED IN art.178 PC RM?

Stanislav COPEȚCHI Universitatea de Stat din Moldova

Abstract

In this study there is analyzed the fact if the electronic correspondence may appear as an immaterial object of the offense provided in art.178 PC RM. It is demonstrated that under the current conditions art.178 PC RM is inapplicable in case of violation of the right to the secret of electronic correspondence. It is argued that of all states former members of the Soviet Union, only the Republic of Moldova has decided not to protect, by legal-criminal way, the secret of electronic correspondence. Finally, is highlighted the latest Moldovan legislator's initiative to assign electronic communications to the category of the immaterial object of the offense provided by art.178 PC RM. Keywords: electronic correspondence, violation of the right to the secret of correspondence, legislative gap, extensive interpretation, estimate sign, analysis of the criminal laws of foreign states.