JURIDICAL AND PENALTY ANALYSIS OF THE INFRINGEMENT USURPATION OF THE OFFICIAL ATTRIBUTES (art. 351 CP RM)

Through this scientific article we aim to reflect the thesis of qualification of criminal offenses according to art. 351 CP RM and solving the dilemmas regarding the involvement of the criminal responsibility for the act of usurpation of the official attributes. At the same time, we note that the purpose lies in highlighting the susceptibilities and exposures of the criminal defence system of the legal order against the harmful act anchored in art. 351 CP RM, to establish the main directions for ensuring the efficiency of the criminal norm and to propose recommendations aimed at optimizing the legislative framework in the fight against the usurpation of official attributes. A priori, we point out that in the domestic law, contravention liability is foreseen according to the provisions of art. 324 of the Code of Contravention and Criminal Liability under the provisions of Art. 351 of the Criminal Code. In this context, although there is a legal basis for both prevention and coercion, it is certain that the de facto reality in the matter demonstrates the existence of deficiencies in order to properly characterize the detrimental facts according to Art. 351 CP RM and the equitable involvement of the criminal responsibility for the act of usurpation of the official attributes. Finally, in order to ensure and guarantee the performance of public activity by officially appointed staff, under conditions of legality and fairness, there is a pressing need to improve the regulatory framework in the field