A Penal Law Analysis of the Offence of Abduction of the Mean of Transport:the Republic of Moldova case

Abstract

This study comprehend the analysis of the object, the objective part, the subjective part, the subject and the aggravating circumstances of the offence of abduction of the mean of transport, provided by art.1921 of the Penal Code of the Republic of Moldova. Especially, it is showed that the mean of transport notion, stipulated in the disposal of art.1921 PC RM, has the same meaning as the “mean of transport” notion, provided by art.264, 2641 , 265 and 266 PC RM. It is explained why, literally to the act of circumvention, the act of abduction of the mean of transport must have an illegal disposition. Finally, there are analyzed the most controversial aspects concerning the consumption phase of the offence of abduction of the mean of transport. It is argued that not every case that involves the abandonment of the mean of transport must be translated throughout the practice of art. 1921 PC RM. It is proven that the main goal of the act of abduction of the mean of transport it’s not about the misappropriation (circumvention) of the mean of transport, but it concerns the temporary usage. The study continues with the examination of the aggravating stipulated at par.(2) and (3) art.1921 PC RM.