SOME ASPECTS OF THE OBJECTIVE SIDE OF THE OFFENSES PROVIDED IN ART. 259 OF THE CRIMINAL CODE
Serghei BRÎNZA, Alexandru STRÎMBEANU Universitatea de Stat din Moldova
Abstract
OFFENSES PROVIDED IN ART. 259 OF THE CRIMINAL CODE In the present study the following aspects are analyzed: the moment of consummation of the offenses provided in art. 259 of the Criminal Code of the Republic of Moldova, as well as their prejudicial consequences; attempt and preparation in the case of the offenses provided in art. 259 of the Criminal Code of the Republic of Moldova; the cause-and-effect relationship between the prejudicial act and the prejudicial consequences, provided in art. 259 of the Criminal Code of the Republic of Moldova. The offenses, provided in art. 259 of the Criminal Code of the Republic of Moldova, are material offenses. The position regarding the structure of the objective side of these offenses must be differentiated according to the normative modalities of the adjacent action within the prejudicial act. In the case of the offenses provided in art. 259 of the Criminal Code of the Republic of Moldova, the prejudicial consequences are causally related to the adjacent action of destroying, deteriorating, changing, blocking or copying information, the malfunction of the computers, computer systems or networks, which, in turn, is causally related to the main action of illegal access to computerized information. Keywords: formal offense, material offense, the moment of consummation of an offense, prejudicial act, prejudicial consequences, attempt to commit an offense, preparation for an offense, cause-and-effect relationship.
