The 'Propaganda' Concept In The Contemporary Doctrine And The Criminal Law Of Romania And The Republic Of Moldova

• Author: Aurel Octavian Pasat
• Pages: 214-226

THE „PROPAGANDA” CONCEPT IN THE CONTEMPORARY DOCTRINE

AND THE CRIMINAL LAW OF ROMANIA AND THE REPUBLIC OF

MOLDOVA

Associate professor Aurel Octavian PASAT1

Abstract

This scientific article aims at the interdisciplinary research of the concept of propaganda through the

perspective of sociolo gical, political and legal sciences, as well as the substantiation of a relevant study in the field of

criminal liability for criminal a cts that are committed in the form of propaganda. Therefore, as the objectives proposed

for this study will serve the following: research into the contemporary doctrine in the field of sociology, political

science and jurisprudence for the formulation of a concept relevant to the science of criminal law; the synthesis of

characteristic traits of propaganda (deliberate action in the form of systematic commu nication) as ways of committing

crimes that are in criminated in the contemporary criminal law o f Romania and the Republic of Moldova; conducting a

differentiated comparative study of the legal-criminal norms in the Special Part of the Criminal Code of Romania, as

well as the Special Part of the Criminal Code of the Republic o f Moldova; demonstrating inconsistencies i n legislative

technique that have been dropped from the legislator's view and suggesting suggestions for improving both criminal

science and the criminal legislation in force in both countries. Methods of research have been chosen systemic method,

comparative method, analysis and synthesis. The author carried out the investigation of comparative comparative

criminal and extrapenal norms (Romania, Republic of Moldova), identified some gaps in the legal technique, and

demonstrated the need to revise some legislative concepts that will ultimately contribute to the reconceptualization of

the criminal law in force crimes involving elements of propaganda.

Keywords: propaganda; d eliberate communication ; conviction; influencing the public; criminality of extremist

nature; war propaganda; propaganda of extremism; the extremist-terrori st offense; extremism; terrorism.

JEL Classification: K14

1. The introductory section

The research department of this study consists of the interdisciplinary approach of the concept

of propaganda, as well as its differentiated analysis in the process of application in the doctrine and

incriminating text of the criminal law of Romania and the Republic of Moldova.

The research focuses mainly on the in-depth study not only of some provisions of the Special

Part of the New Criminal Code of Romania2 and, implicitly, of the Special Part of the Criminal

Code of the Republic of Moldova3 (CP RM) but, to an equal extent, attention is paid to the

questionable issues of extrapenetal legislation on arms and ammunition in both states.

From the doctrinal point of view, we find the presence of interdisciplinary scientific studies

necessary both in Romania and in the Republic of Moldova (sociology, politics, law), but we

observe the lack of thorough comparative criminal law studies on the concept of propaganda.

In this respect, we will notice that propaganda is a deliberate, sometimes deliberate act (timely

thought) as a form of systematic communication but accompanied by a specific purpose, such as

influencing public opinion through various non-violent methods, also instigating to hate and

violence, so that the subject to whom the message is addressed accepts it willingly.

Not every form of propaganda has the socially advanced danger enough to reach the threshold

of prejudice of criminal law, but only those forms that involve signs of extremism (hate speech,

etc.) or even its extreme form of war propaganda. In our opinion, war propaganda correlates with

extremist propaganda as part and whole, in other words, war propaganda is the propaganda of

extremism, but not any form of propagation of extremism is war propaganda.

1 Aurel Octavian Pasat - State University „Bogdan Petriceicu Haşdeu”, Republic of Moldova; Customs Inspector, Border Customs

Office Galaţi-Giurgiuleşti, octavian_passat@yahoo.com.

2 Law no. 187/2012 for the enforcement of the Law no. 286/2009 on the Criminal Code. Originally published in the Official Gazette

of Romania no.757 of 12.11.2012.

3 Criminal Code of the Republic of Moldova, no. 985 of 18.04.2002. Republished in the Official Gazette of the Republic of Moldova,

2009, no. 72-74.