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Articolul precedent |
Articolul urmator |
559 10 |
Ultima descărcare din IBN: 2022-08-31 13:45 |
SM ISO690:2012 STATI, Vitalie. Analiza elementelor constitutive şi a elementelor circumstanţiale agravante ale infracţiunii de rapier a mijlocului de transport (art.1921 C.pen. RM)(Partea I)
. In: Revista Naţională de Drept, 2010, nr. 5-6(116), pp. 18-30. ISSN 1811-0770. |
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Revista Naţională de Drept | ||||||
Numărul 5-6(116) / 2010 / ISSN 1811-0770 /ISSNe 2587-411X | ||||||
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Pag. 18-30 | ||||||
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Rezumat | ||||||
In the framework of this article, there are examined the object, the objective part, as well as some aspects of the subjective part of the offence of stealing the means of transportation. It is demonstrated that the following can not form the material object to the respective offence, more exactly: the moped, the motor bicycle, the scooter, the cyclemotor, the motorbike and other machines with internal combustion, whose cylindrical capacity does not excel 50 cm3. Also, it is explained that the premise situation, that characterizes the material object in this case, is expressed through the means of transportation possession by another person, this time the offence victim. It is argued that art.1921 PC RM will not be applied in case of unauthorized usage of the means of transportation, for personal reasons if handed to the offender up about his job. Neither in case if the offender reaches the authorization to use the means of transportation, still without the owner or co-owners approval. It is explained why the offence prevented at art.1921 PC RM is not a continuing offence. At last, but not at least, it is showed that the main goal of the offence of stealing the means of transportation is the temporary usage of the object and not its evasion. |
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