Open AccessIllicit enrichment (art. 3302 of the criminal code of the Republic of Moldova): impediments for the application of criminal liability
Author(s) -
Adriana Eşanu
Publication year - 2021
Publication title -
revista institutului naţional de justiţie
Language(s) - English
Resource type - Journals
ISSN - 1857-2405
DOI - 10.52277/1857-2405.2021.2(57).02
Subject(s) - clarity , law , criminal liability , possession (linguistics) , political science , the republic , business , liability , criminal code , convention , predictability , criminal law , biochemistry , chemistry , linguistics , philosophy , theology , physics , quantum mechanics
The criminal liability for illicit enrichment is marked by multiple impediments, the most obvious of which are legal. In this regard, the main problem is the lack of clarity and predictability of the establishment and proof possession of goods that substantially exceed the lawful income. Based on the UN Convention against corruption of 31 October 2003, the Parliament of the Republic of Moldova criminalized illicit enrichment without any concern for ensuring predictability and clarity of the rule in question. This article highlights issues related to criminal liability for illicit enrichment and, ultimately, proposes solutions in the hope of improving the incriminating framework and ensuring viability of the incrimination norm provided by art.330/2 Criminal Code of the Republic of Moldova.