CRIMINAL-LEGAL ANALYSIS OF CRIMES PROVIDED BY ARTICLE 1351 OF THE CRIMINAL CODE OF THE REPUBLIC OF RM

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

Rezumat

In this article, we performed a criminal-legal analysis of crimes against humanity, as defined in art. 1351 CC RM. The purpose of this study was to examine meticulously the criminal-legal prohibitions for the full range of alternative criminal acts against the safety of the civilian population, covered by parts (1) and (2) of art. 1351 CC RM. As a result, we analyzed the elements of the crimes and formulated several conclusions necessary for interpreting the provisions of art. 1351 CC RM.One of the conditions that makes it possible to classify an act as a crime against humanity is that it is committed as part of an attack, which must be widespread or systematic – this is the general requirement of the context of the act being committed (the requirement of context). At the time of the crime’s commission, the victim is presumed to be a civilian until proven otherwise, and their status will be presumed to be civilian until there is reasonable doubt. Keywords: crimes against humanity; widespread or systematic attack; civilian population; slavery; human trafficking; deportation; apartheid; enforced disappearance; crimes against sexual freedom and inviolability. DOI: https://doi.org/10.59295/sum3(193)2026_14