A Study on Some of the Aggravating Circumstances of the Offence of Intentional Murder Provided by the Penal Code of the Republic of Moldova [Studiu asupra unor circumstante agravante ale infractiunii de omor intentionat prevazute de codul penal al Republicii Moldova]

In this article are analyzed the aggravating circumstances of intentional murder, specified at lett.j)-l) par.(2) art.145 PC RM. Likewise, are considered the most controversial issues regarding the theory on penal liability application for murder committed in these circumstances. It is stated that uncommon cruelty demonstrates the intention of the perpetrator to cause the victim intense, unnecessary and prolonged sufferings. It is shown that, related to lett.j) par.(2) art.145 PC RM, the sadistic reasons which determine the murder perpetration, are not necessarily of sexual matter. It is argued the opportunity of liability aggravation for murder committed because of social hatred, national, racial or religious. There are analyzed the two characteristics of the reasons for social hatred, national, racial or religious: the extremist ones and those generated by the hostile attitude of the offender towards a social group, ethnic, racial or religious, which the victim of the offence may belong to.