Having in view, essentially, the same injurious degree of a fact, the criminal liability finds itself a different place depending on the method of the factual action, unsupported solution from the logical point of view, but permitted by applicable legislature. This idea is confirmed by some examples of local judicial practice. Thus, the criminal case of RII, was initially classified according to art.248 par.(1) Criminal Code of Republic of Moldova, without having to layout a survey on whether the goods that crossed the customs border represented or not cultural values.