The material object of the criminal offences provided by the articles 1991-1994 of the criminal code of the republic of moldova: critical observations and proposals de lege ferenda

• Author: Aurel Octavian Pasat
• Position: Bogdan Petriceicu Hasdeu State University, Republic of Moldova, Customs Inspector, B.V.F
• Pages: 101-110

THE MATERIAL OBJECT OF THE CRIMINAL OFFENCES

PROVIDED BY THE ARTICLES 1991-1994 OF THE CRIMINAL CODE OF

THE REPUBLIC OF MOLDOVA: CRITICAL OBSERVATIONS AND

PROPOSALS DE LEGE FERENDA

Associate professor Aurel Octavian PASAT

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Abstract

The basic purpose of the present scientific research is the critical analysis of lawmaking up dates concerning

material object of the criminal offences sanctioned by articles 1991-1994 of the Criminal code of the Republic of

Moldova. The systematical method, the comparative method, analysis and synth esis have been chosen. As a result, the

present study of penal legal norms was p erformed in a systematical a nd comparative way. Especially, there have been

concluded that some lawmaking solutions settled in the legislation and penal doctrine of Romania would constitute a

relevant scientific support and a good lawmaking sample in order to formulate some suggestions of legislative

improvement in the sphere of protection of the cultural heritage by means of Criminal law. Finally, after a critical

research there have been detected a great amount of unclear expressions and deficiencies of the modern lawmaking

procedure used in the process of creating legal norms, and have been formulated new proposals to reform.

Keywords: cultural heritage; goods of cultural heritage; misappropriation of goods of cultura l heritage;

destruction of goods of cultural heritage.

JEL Classification: H41, K14

1. The introductory section

The problem investigated in this scientific study is the juridical-criminal analysis of the

material object of the crimes stipulated in art.1991-1994 of Criminal Code of the Republic of

Moldova.

This research raises some sensitive aspects of the criminal-law norms contained in art.1991-

1994 of the Penal Code and identifies legislative deficiencies and gaps. Although some legislative

steps have been taken, the novels of the Criminal Law of the Republic of Moldova in the field of

legal protection of cultural heritage have caused some controversies in the science of criminal law.

In this sense, we sought to clarify the approaches through our own vision.

In order to obtain valid results, we have addressed the existing doctrine in the field,

especially we have capitalized the works of the reputed authors who meticulously treat the legal

aspects of safeguarding and protecting the cultural heritage (S. Brînza, V. Stati, A. Calugariţă) I

have examined some legislative acts in the Republic of Moldova, as well as some international acts

in the circumscribed legal perimeter.

The actual research was based on clarifying and identifying the concept of cultural heritage

both in national and international law; clarity has been made in defining the concept of natural

heritage and archaeological patrimony; it has been demonstrated that "the cultural heritage built"

does not coincide, from the semantic point of view, with the "the real estate cultural heritage"; it has

been noticed that the Moldovan legislator uses the term "archaeological potential", which is a

process that lasts until the completion of the archaeological research and the appropriate measures

of protection and valorization of the archaeological discoveries. The author identifies the lack of

regulation and independent legal protection of areas of cultural and indigenous importance

(vernacular areas) and notes that the lack of the elaborated direction of identifying and

safeguarding the vernacular areas in the inevitable national legislation of the Republic of Moldova

will lead to major negative consequences for the patrimony culture of the state. Therefore, I have

intervened with certain proposals de lege ferenda.

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Aurel Octavian Pasat – „Bogdan Petriceicu Hasdeu” State University, Republic of Moldova, Customs Inspector, B.V.F. Galati-

Giurgiulesti, octavian_passat@yahoo.com.