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POSITION OF THE CRIME OF ILLEGAL ENRICHMENT IN THE LEGAL SYSTEM OF THE REPUBLIC OF MOLDOVA
Authors: Deonis TOMOV
Number of views: 66
Crime, as a social and economic phenomenon, involves many aspects that need to be identified and addressed both doctrinally and practically-applicatively in order to increase the anti-crime ensemble. A major aspect in approaching the phenomenon of crime is to know the forms of its manifestation in various spheres of human activity, including from a criminological perspective, such as apparent crime, legal crime and real crime.
The dynamics of the criminal phenomenon in recent years and the efforts of state institutions and civil society to deal with it in a coherent and effective manner requires the implementation of a national strategy to prevent crime, as, in the case of corruption, the National Integrity and Anticorruption Strategy from 2017-2020 (currently continued).
But the most difficult thing for a company is when the official of that company, the one who under oath undertook to perform a service for the benefit of society and the state, also becomes a potential delinquent who uses his function and duties to obtain undue benefits, to ensure a much richer life than that which, in principle, he could not have. For this reason, I also chose to study "illicit enrichment" – a criminal phenomenon known to society for a short period, starting with 2014 when the drafting of the Criminal Code of the Republic of Moldova appeared art.3302, a rule of incrimination which arouses applicability and its effectiveness.
Respectively, it is a very current topic, because the judicial practice in both criminal and judicial proceedings faces problems related to the applicability in practice of criminal rules that criminalize acts of illicit enrichment, and here we refer not only to the incriminating rule, but also to other norms such as those regulating the confiscation of property, proof of substantial difference, burden of proof, etc.