CRIMINAL LAW ANALYSIS OF THE CRIME OF GENOCIDE (ART.135 CC RM)

Лилия ГЫРЛА,Молдавский Государственный Университет,Серджиу КРИЖАНОВСКИ,Прокурор Генеральной Прокуратуры

Rezumat

The purpose of this scientific article is to carry out a penal analysis of the norm provided by the art.135 CC RM, as well as it is directed to elaborate new recommendations in order to remove the gaps in the law. We have established that genocide, being the extreme point of manifestation of extremist ideology and the consequence of its spread, always consists of a coordinated plan if actions; it is a type of mass repression, and commission of the genocide in large scale as well as selectivity are recognized as a special way of committing a crime.The criminal prohibition provided for in Article 135 CC RM excludes the extermination of groups united by cultural, gender, and linguistic characteristics. This is why the authors advocate revising the provisions of Article 135 CC RM and expanding the list of groups to include cultural, gender, and linguistic ones. Keywords: genocide; mass repressions; extermination, systematic plan of action; mass and selective nature of the attack; goal of total destruction; goal of partial destruction. DOI: https://doi.org/10.59295/sum3(193)2026_13