Modification of the legal framework governing the offense under article 155 of the Criminal Code from the perspective of international legislative practice

Abstract

As an aspiring state for European integration, the Republic of Moldova is obliged to align its criminal legislation with European norms and values, which emphasize the protection of the individual. The criminalization of threats, as stipulated in Article 155 of the Criminal Code of the Republic of Moldova, contributes to the consolidation of the rule of law by effectively protecting a person's life, physical integrity, and health. The offense outlined in Article 155 of the Criminal Code of the Republic of Moldova plays an essential preventive role, as its penalization serves as an early legal barrier against crimes with a higher degree of social danger. Since we are currently in a period where threats take on new forms, especially due to technological advancements, it is essential to continuously monitor and improve the legal provisions to address newly emerging situations. At the same time, the importance of penalizing threats of murder or serious bodily harm contributes to increasing victims’ trust in the legal system and encourages the reporting of such cases. The direct aim of this study is to conduct a comprehensive analysis from the perspective of Romanian-German, Anglo-Saxon, and CIS countries’ legislation, which will result in legislative proposals for the amendment and supplementation of certain provisions related to the offense of threats involving murder or serious harm to bodily integrity or health. The indirect aim of this study is to identify issues within the national legislation regarding the legal classification of the offense of threats involving murder or serious bodily harm, through the analysis of criminal legislation in Romanian-German, Anglo-Saxon, and CIS countries. The study includes proposals to supplement the provisions of the Criminal Code specifically Article 155 with new aggravating circumstances that would fully encompass the incriminated act and allow for the proper application and sanctioning of the offense, ensuring accurate individualization of punishment. Thus, through this paper, we aim to identify, based on the study of foreign legislation, the gaps within the provisions of Article 155 of the Criminal Code, in order to propose new additions that would assist law enforcement bodies including investigative authorities, prosecutors, and courts in properly investigating and applying a fair penalty for the committed offense. The objectives of this scientific paper consist in studying foreign legislation concerning the offense of threats involving murder or serious harm to bodily integrity or health, from the perspective of Romanian-German, Anglo-Saxon, and CIS countries' legal systems, by analyzing how this offense is regulated. The purpose of this study is to identify certain legal mechanisms from the aforementioned countries that could be used to improve the criminal legislation of the Republic of Moldova regarding threats of murder or serious bodily harm. By achieving the proposed objectives, the aim is to deepen the understanding of the offense of threats involving murder or serious harm to bodily integrity, from the perspective of the RomanianGerman, Anglo-Saxon, and CIS legal systems. Identification of common errors occurring in legal practice related to the application of Article 155 of the Criminal Code of the Republic of Moldova. In this context, the research aims to highlight gaps and inconsistencies in the interpretation and application of legal norms concerning threats of murder or serious bodily harm.