default THE OFFENCES REFERRED TO AT ART.241 OF THE PENAL CODE: THE END OF THE OFFENCE, THE PREJUDICIAL CONSEQUENCES AND THE CAUSAL LINK

Владелец

Babalau Denis Gheorghe,

Department of Penal Law, Moldova State University Chisinau,

Republic of Moldova

Abstract. In this article are analyzed some of the aspects regarding the objective side of the offences set forth at art.241 PC RM, namely: the end of the offence; the prejudicial consequences; the causal link. It is concluded that the offences provided by art.241 PC RM are prolonged offences and not continuous. It is argued that, in the presence of a determined direct intention, the offences in question involve the possibility of the attempt. It is also established that, with regard to conducting activities banned in Moldova, the application of sanctions provided by par.4 art.10 of the Law on entrepreneurship and enterprises should exclude the additional application of sanctions set forth by art.241 PC RM (and lett.b) art.125 PC RM).

Keywords: illegal practice; entrepreneurial activity; the end of the offence; attempt; prejudicial consequences; profits; damages; causal link.