Abstract:
The present paper analyzed the aggravating circumstances of the terrorist acts offences provided by Article 278 paragraphs (2)-(3) of the Criminal Code
of Republic of Moldova. It is argued that in order to be in the presence of the terrorist
act committed by an organized criminal group it is necessary and sufficient the participation of at least two persons in committing the terrorist act, a fact resulting from the
legal definition of criminal participation. It is shown that between the notions “terrorist
organization” and “criminal organization” there is a relationship of the “whole-party”
type. By contrast, in order to be incident the aggravating circumstance provided by
Article 278 paragraph (3) letter a) of the Criminal Code of Republic of Moldova it
is necessary the presence of a clear division, within the terrorist organization, of the
administrative, insurance and execution function of criminal intentions aimed at committing terrorist acts