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GENERIC LEGAL OBJECT AND SUBGROUP LEGAL OBJECT OF THE OFFENCES SET OUT IN art.264 OF THE PENAL CODE
Authors: Nicolae POSTOVANU
Number of views: 262
The object of the offence is the social relations regarding certain social values protected by the criminal law. National security implies the security status not only of society and the state, but also of the person against threats of any order, including those in the field of railway, naval, air and road transport. In any case, the notion of security acquires semantism only in relation to certain entities or social domains. There can be no abstract security that is not related to a certain social mark. Railway, naval, air and road transport is one of these marks. The social relations regarding the security in the railway, naval, air and road transport form the generic legal object of the offences set out in Chapter XII of the Special part of the Criminal Code of the Republic of Moldova. Road transport is one of the types of transport, which involves the operation of a complex dynamic system, consisting of pedestrians and vehicles (including trolleybuses), which, in the process of traveling on public roads under established conditions, generates a set of legal-social relations. From the social relations regarding the security in the railway, naval, air and road transport (as a generic legal object of the offences set out in Chapter XII of the Special part of the Criminal Code of the Republic of Moldova) two subgroup legal objects derive: 1) the social relations regarding to the security in the railway, naval, air and road transport, which implies the respect of certain rules applied in the transport domain (art. 262-267 and 269 CP RM); 2) the social relations regarding the security in the railway, naval, air and road transport, which does not imply the respect of some rules applied in the transport domain (articles 268, 270-272, 275 and 276 CP RM).