The shortcomings that characterize the notion of hunting, used in article 233 of the criminal code of the Republic of Moldova

Abstract

Normative and doctrinal definitions of the notion of hunt (hunting) contain the enumeration as closer species (in relation to the more distant type of hunt (hunting)) of the following ways: detection; search; arousal; tracking; chase; injury; acquisition (kill or capture); other activity aimed at acquisition. Starting from this premise, we consider that the first aspect, which must be taken into account when establishing the meaning of the notion of hunt (hunting) within the meaning of article 233 of the Criminal Code of the Republic of Moldova, is to find out which of the respective methods can be found in this notion from the criminal law. The offense provided for in article 233 of the Criminal Code of the Republic of Moldova, is a material one. For these reasons, not all the ways, listed in the definition of the notion of hunting in article 2 of Law no. 298/2018, are able to express the legal essence of the prejudicial action provided for in article 233 of the Criminal Code of the Republic of Moldova. The definition given was not designed to reflect the fact that this offense is considered to be consumed from the moment of the occurrence of injurious consequences. The current title “Illegal hunting” of Article 233 of the Criminal Code of the Republic of Moldova can no longer be tolerated. In order to improve Article 233 of the Criminal Code of the Republic of Moldova, it is necessary to amend this title in “Cynegetic poaching”.