The incriminating deficiencies of inhuman treatments in the criminal law of the Republic of Moldova

Abstract

Under the Criminal Code of the Republic of Moldova inhuman treatments are categorized as a war crime. International and national regulatory developments on war crimes reveal a more closely link between them and human rights institutions, regarding the purpose of protecting individuals against any harm. To this end, at any time and anywhere, remain prohibited: mutilations, cruelties, tortures and torments, hostage taking, dignity harm, particularly humiliating and degrading treatment, etc. To achieve such goals, we need an accurate analysis of both: the prohibited act and its appropriate punishment. The analysis of the incriminating text regarded by the 137th article of the Criminal Code of the Republic of Moldova, gives us the right to affirm that its content is not sufficiently clear do to the use of terms with multiple meanings, some estimated indexes or even careless drafting. That kind of approach denies from the start the uniform application of criminal law, containing also a high potential for deviation from the principle of legality in applying the law. Thus, the aim of this study remains not only the detection of incriminating faults but also developing solutions to improve the criminal law on inhuman treatments.