THE ERROR AND ITS IMPORTANCE FOR THE QUALIFICATION OF OFFENSES

Stanislav COPEŢCHI Universitatea de Stat din Moldova

Аннотация

The present study examines the error of fact and the error of law. Also, a comparative study in the matter of error is
performed. Some qualification rules are formulated according to the type of factual error admitted by the perpetrator in
the process of committing the crime. It is emphasized that the error of fact must be distinguished from the offense
committed recklessly. In particular, error should not be confused with criminal negligence. In the case of the factual error,
only the error on the circumstances that forms signs of the composition of the offence is relevant to the qualification. In
contrast, the error in relation to the circumstances which are not attributed to the circle of signs of the composition of
the offense is not relevant in the qualification of offences. The error can be identified, in particular, in relation to: a) the
signs that characterise the object of the offence and, b) the signs that characterise the objective side of the offence.
Keywords: error of fact, error of law, guilt, legal object, material object, victim of crime, objective side, non-essential
error, comparative study.