Violence as a Method of Committing Assault. Comparative Approach

Abstract

A person's criminal behavior differs from his usual actions in that it causes harm to protected relationships and has a public danger, but as in the ordinary behavior of the person, the criminal deed meets both mental and physical components which can be identified with „mens rea” and „actus reus”, which in the Eastern European criminal doctrine are identified with the subjective side and the objective side of the crime.

The features of the objective side of the concrete crime are described in the disposition of the corresponding article of the Special Part of the Criminal Code and compared to others elements in the criminal law norm are defined most fully.

The objective element is the external manifestation of the crime, and in the case of the offense of assault, it is carried out through actions such as threats, intimidation or the application of violence, in some legislations, it is necessary to demonstrate the achievement of the purpose of stopping the performance of the victim's duties.

In the article, the author aims to identify the similarity of the criminalization of assault in the legislation of European states in order to harmonize the legislation of the Republic of Moldova with international standards for the protection of public officials.