Legal criminal analysis of the crime of mercenary activities provided in art. 141 CP RM. Summary of the doctoral thesis.

Abstract

Conceptual landmarks of research. The actuality and the importance of the approached topic: The crime of the mercenaries' activity provided in art. 141 of the Criminal Code of the Republic of Moldova, is part of Chapter I of the Criminal Code entitled „Crimes against the peace and security of mankind, war crimes”. The provisions of the International Convention for the Suppression of the Recruitment, Use, Financing and Training of Mercenaries, adopted in New York on 04.12.19891, to which the Republic of Moldova acceded by Law no 223 of 13-10-2005 for the accession of the Republic of Moldova to the International Convention on Combating the Recruitment, Use, Financing and Training of Mercenaries, published on: 04-11-2005 in the Official Monitor no. 145 art. 693. In force for the Republic of Moldova of 28.02.2006 and Additional Protocol I adopted to the Geneva Conventions of 12.08.1949 on the protection of victims of international armed conflicts of 08.06.1977. In the context of the latest international events, which attest to the increasingly active involvement of third parties in armed conflicts which take place in other states, the negative impact of mercenary activity on compliance with international law and international treaties is evident. Or, the activity of the mercenaries in principle is an international crime, in the conditions in which for the qualification the primary condition is that the perpetrator is not a citizen and/or not to be enlisted in the army of the states involved in the armed conflict.