On the material object of the criminal offences provided by art. 290, art. 291, art. 292 CC RM: penal analysis, conclusions and recommendations

Abstract

This scientific article is devoted to the criminal law analysis of firearms, their components, explosive devices and explosives from the point of view of their consideration as material objects of crimes committed in the field of their illicit trafficking (Art. 290, Art. 291, Art. 292 of the Criminal Code of the Republic of Moldova) . It has been proven that the main parts of firearms fall out of the legislator’s field of vision, and the structure of Articles 290 and 292 of the Criminal Code of the Republic of Moldova should be revised in terms of systematizing the material objects of crimes.In modern conditions, illicit trafficking in weapons, their components, explosive devices and explosives is an international crime, and, obeying the principle of universality in criminal law, the states parties to international conventions in the designated area are obliged to prosecute and punish all persons (organizers, instigators, authors and accomplices) at all stages (preparation, attempt, completed crime) of the commission of any crime in the sphere of illegal circulation of these items.In turn, we analyzed the legislative experience of some countries of the Anglo-Saxon system of law (USA and India) in order to clarify and identify the features of the criminalization of illicit trafficking in weapons, their components, explosive devices and explosives in these states.