Hunting during the prohibited period – hypothesis provided by art. 233 of the Criminal Code of the Republic of Moldova

Abstract

To perceive the meaning of the syntagma ,,during the prohibited period”, used in art. 233 of the Criminal Code of the Republic of Moldova, it is necessary to take into account the provisions of the reference normative acts for this article. Within these normative acts, the differentiation is made between the periods allowed for hunting and the periods prohibited for hunting. The normative provisions regarding the prohibited periods for hunting supplement those allowed for hunting. Law no. 298/2018 provides for the possibility of modifying the allowed terms for hunting. The Ministry of the Environment has the power to modify the hunting terms, established by law. It is imperative to abrogate the provision from let. g) subp. 5) p. 101 of Annex no. 3 to Government Decision no. 254/2021. Such a solution could exclude the unfavorable extensive interpretation of art. 233 of the Criminal Code of the Republic of Moldova.