THE APPLICATION OF CRIMINAL LAW IN SPACE IN COMPARATIVE CRIMINAL LAW: FINDINGS OF THE LAW (PART II)
Mariana GRAMA, Universitatea de Stat din Moldova
Abstract
Within this article, the Criminal law provisions of several foreign states were analyzed, being observed and highlighting the differences and similarities in the legislative approach of the concerned institution, in order to identify
the common principles of criminal law enforcement in space and to trace the most successful models of legal-penal
enforcement of the Criminal law in space.
In order to achieve the proposed goal, we concretized the rules for applying the geographical foundations and
nationality (citizenship) of both the perpetrator (principle of active personality) and of the victim (principle of passive
personality) in different states; we characterized the content and particularities of the principles of the application of
the Criminal law in space; we synthesized the successful legislative solutions in the systematization of legal-penal
norms in the field of the application of Criminal law in space.
The given article represents the second part of the researche of the same name contained in the previous issue of
the magazine and includes the detailed examination of the criminal codes of some states in Europe.
Keywords: application of criminal law in space, territory, the principle of territoriality, the principle of active
personality, the principle of passive personality, reality principle, the principle of universality, comparative criminal
law, foreign criminal law.
