POSITION OF THE CRIME OF ILLEGAL ENRICHMENT IN THE LEGAL SYSTEM OF THE REPUBLIC OF MOLDOVA

Deonis TOMOV Universitatea de Stat din Moldova

Abstract

doctrinally and practically-applicatively in order to increase the anti-crime ensemble. A major aspect in approaching the
phenomenon of crime is to know the forms of its manifestation in various spheres of human activity, including from a
criminological perspective, such as apparent crime, legal crime and real crime.
The dynamics of the criminal phenomenon in recent years and the efforts of state institutions and civil society to deal
with it in a coherent and effective manner requires the implementation of a national strategy to prevent crime, as, in the
case of corruption, the National Integrity and Anticorruption Strategy from 2017-2020 (currently continued).
But the most difficult thing for a company is when the official of that company, the one who under oath undertook
to perform a service for the benefit of society and the state, also becomes a potential delinquent who uses his function
and duties to obtain undue benefits, to ensure a much richer life than that which, in principle, he could not have. For this
reason, I also chose to study "illicit enrichment" – a criminal phenomenon known to society for a short period, starting
with 2014 when the drafting of the Criminal Code of the Republic of Moldova appeared art.3302, a rule of incrimination
which arouses applicability and its effectiveness.
Respectively, it is a very current topic, because the judicial practice in both criminal and judicial proceedings faces
problems related to the applicability in practice of criminal rules that criminalize acts of illicit enrichment, and here we
refer not only to the incriminating rule, but also to other norms such as those regulating the confiscation of property,
proof of substantial difference, burden of proof, etc.
Keywords: crime, prevention, society, civil servant, illicit enrichment, prosecution, prosecution, indictment, corruption,
confiscation.