CONSIDERAȚII INTRODUCTIVE PRIVIND OBIECTUL MATERIAL AL INFRACȚIUNII PREVĂZUTE LA ART. 233 DIN CODUL PENAL

The material object of the offense, provided in art. 233 of the Criminal Code of the Republic of Moldova, is represented by living animals. Only living animals can ensure the participation of members of society in social relations defended against the offense provided in art. 233 CP RM. If at the moment of committing the offense the perpetrator erroneously considers that the hunted animal is alive, then art. 27 and 233 of the Criminal Code of the Republic of Moldova must be applied. Fauna, which forms the material object of the offense provided in art. 233 of the Criminal Code of the Republic of Moldova, is represented by animals (except snails, snakes, frogs or other such creatures that are not likely to be hunted). Fauna, which forms the material object of the offense provided in art. 233 of the Criminal Code of the Republic of Moldova, cannot be reduced to the notion “animals whose hunting is permitted under the law”. The material object of the offense, provided in art. 233 of the Criminal Code of the Republic of Moldova, has a wider sphere than that of the notion “animals whose hunting is permitted under the law”. Of course, animals, whose hunting is prohibited under the law, can also be the material object of this offense