期刊名称：Studia Universitatis Moldaviae: Stiinte Sociale
印刷版ISSN：1814-3199
电子版ISSN：2345-1017
出版年度：2012
卷号：3
期号：53
页码：157-163
出版社：Moldova State University
摘要：Kidnapping is one of the most complex and specific crimes provided by Moldovan Criminal Code. In this sense, theanalysis of this crime implies the deep description of its elements and particularities of its phases. Due to the specificsof the subject, this study covers two important parts of the crime: preparation and attempt in case of kidnapping. Takinginto account that the crime of kidnapping, as described in par (1)-(2) art.164 CC of RM, are considered grievous crimesand the aggravated crime, provided by the par.(3) of art.164 CC of RM, is considered a very grievous one, the preparationfor kidnapping, meaning any actions taken before the actus reus itself, will be charged in all cases according to art.26and art.164 CC of RM. The attempt, in case of kidnapping, will be charged only if the perpetrator starts any of the mainor secondary actions provided by the art.164 CC of RM, as parts of the actus reus. As a rule, the attempt will be presentwhen the perpetrator performs some secondary actions such as application of violence, threatening with violence ordeception in order to kidnap the victim. Thus, the attempt to kidnapping starts when one of the main or secondary actionswere taken and finishes when the movement of victim starts, taking into account that kidnapping is considered a conductcrime according to Moldova Criminal Code.
