Ilicit Trafficking in Firearms, their Components and Ammunition in the Comparative Penal Legislation (Romania and the Moldavian Republic)

• Author: Aurel Octavian Pasat
• Position: Associate Professor, PhD, Faculty of Law and Public Administration, 'Bogdan Petriceicu Hasdeu' University, Republic of Moldova,
• Pages: 34-46

ACTA UNIVERSITATIS DANUBIUS Vol. 15, no. 2/2019

34

Aurel Octavian PASAT

1

Abstract: This scientific paper is meant to formulate some conclusions de lege lata and

recommendations de lege ferenda obtained as a result of the systems of actual international

regulations in the field of preventing and counter attacking illicit trafficking in firearms, their

components and ammunition as well as the comparative analysis of the penal and extrapenal

legislation both in Romania and the Moldovian Republic, in order to clarify the juridical nature of the

objective aspect of contraventions. The norms of this study comprise some international normative

documents at European level besides some normative documents of penal and extrapenal nature in

Romania and the Moldovian Republic. As a result of the undertaken study, some legislation

shortcomings were pointed out which have to be removed so as to improve the internal legislation,

and to ensure a better collaboration in the area of preventing and fighting against illicit trafficking of

firearms and ammunition. The main research approaches were: the systemic method, the comparative

method, analysis and synthesis. The author made a comparative analysis of the penal and extrapenal

norms, identified some shortcomings of the legislative approach and demonstrated the necessity of

revising some legislation concepts which, finally, will contribute to redifining the present penal law.

Keywords: firearms; ammunition; lethalarms; non-lethalarms; forbiddenarms

1. Introduction

The critical approach of some penal and extrapenal norms in the field of respecting

the legal regime of arms and ammunitions in the comparative law (Romania and

the Moldavian R epublic) carried out by the establishment of de lege data and the

formulation of the suggestions de lege ferenda, regarding the clarification of the

1

Associate Professor, PhD, Faculty of Law and Public Administration, „Bogdan Petriceicu Haşdeu”

University, Republic of Moldova, Address: Independenţei Square, Cahul, 3909, Tel.: +37329922481,

Associate Professor, PhD, The Cross-Border Faculty, Dunărea de Jos University, Romania, no. 47,

Domnească Square, Galaţi, 800008, +336130186, Romania, Corresponding author:

octavian_pasat@yahoo.com.

AUDJ, Vol. 15, No. 2/2019, pp. 34-46

Ilicit Trafficking in Firearms,

theirComponentsandAmmunition in the

Comparative Penal Legislation

(Romania and Republic of Moldova)