Qualification of the repeated single offence: the case of hooliganism

Abstract

In this scientific article is addressed the issue of qualifying the crime of hooliganism when it occurs in the position of repeated crime. It is argued that in order to be incident the aggravating circumstantial sign enshrined in letter a) paragraph (2) art. 287 of the Criminal Code of the Republic of Moldova it is not imperative that the perpetrator has previously committed an act of hooliganism in the standard version. The repeated single offense is a legal fiction. The offenses committed (forming the repeated offense) de facto represent a multiple offences, while de jure, artificially, form the content of a single offense. In any case, the repeated crime bears enormous similarities to the multiple offences (a form of the plurality of offences), deriving from the latter legal category. Repeated crime does not constitute a deviation from criminal recidivism (the other form of plurality of offenses). Repeated crime is not a form of plurality of crimes.