The comparative study of the institution of the penal participation in the romanian legislation and the one of the Moldovan Republic

• Author: Catalin Ionut Bucur
• Position: Assist. candidate to PhD. Universiy of Pitesti
• Pages: 68-73

68

THE COMPARATIVE STUDY OF THE INSTITUTION OF THE

PENAL PARTICIPATION IN THE ROMANIAN LEGISLATION

AND THE ONE OF THE MOLDOVAN REPUBLIC

Assist. candidate to PhD C<t<lin IonuY Bucur

Universiy of Pitesti

Abstract:

The institution of the penal participation has and still arouses ample

doctrinarian and jurisprudential discussions in Romania as well as in the

Moldovan Republic.

It is characterized by ample theories of different authors from the two

countries.

Thus it is emphasized the accessory theory of participation and the theory

of the self sustaining character of participation.

Also, the two law systems dwell this matter similarly but not identically,

there are many similarities and differences that I wish to state and emphasize in the

present paper.

Key words: penal participation, organized crime, comparasion , Moldovan

Republic, Romania.

The institution of the penal participation has and still arouses ample

doctrinarian and jurisprudential discussions in Romania as well as in the Moldovan

Republic.

It is characterized by ample theories of different authors from the two

countries.

Thus it is emphasized the accessory theory of participation and the theory

of the self sustaining character of participation.

Also, the two law systems dwell this matter similarly but not identically,

there are many similarities and differences that I wish to state and emphasize in the

present paper.

Historically, the evolution of the notion is symmetric starting from the

Roman Dacia, going to the Middle Ages and the modern period.

Nowadays the Penal Code of the Moldovan Republic refers to this matter in

Chapter IV articles 41-49.

The Romanian Penal Code dedicates to this matter Chapter III articles 23-

31.

This theme of scientific research was and is a present day issue starting with

the theoretic importance, but especially the practice one of this notion in the two

states.

The cooperation of many persons in achieving penal acts is labeled as a

form of antisocial behavior because: